AB and another -v- Warwickshire County Council (anonymity order)
Claim Number: 090DC467
In the County Court at Leicester
29 November 2023
Before:
Deputy District Judge Raymond Henley
Between:
(1) AB
(2) CD
-v-
Warwickshire County Council
Anonymity Order
Before Deputy District Judge Raymond Henley sitting at the Civil National Business Centre on 29 November 2023.
UPON THE CLAIMANT’S APPLICATION DATED 12TH OCTOBER 2023
AND UPON:
(1) Consideration of the Article 8 rights of the Claimants to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any interested party.
AND PURSUANT to section 6 of the Human rights Act 1988; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purpose of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media). which is addressed to the public at large on any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
- The identity of each and both of the Claimants as parties to these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of any Claimant, or any Claimant’s other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of “AB” and/ or “CD” as the Claimants in these proceedings. The Claimants shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation to thereto:
(i) The First Claimant shall be referred to as “AB”.
(ii) The Second Claimant shall be referred to as “CD”.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of either or both of the Claimants (including any names of other immediate family member or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPRr.5.4C(1B) or (2) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
- The Claimant’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 7 March 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on date 15 February 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that order.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor.
- Pursuant the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
- The costs of obtaining this order be costs in the case.
Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and
a) the party making the application is the Defendant; and
b) the Defendant is an individual,
then upon the filing of the application the claim will be transferred to the Defendant’s home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.
Dated 29 November 2023