AB and others -v- Liverpool City Council (anonymity order)
Claim Number: K15LV020
In the County Court at Liverpool
22 February 2024
Before:
Deputy District Judge Taylor (by Telephone)
Between:
AB
CD
EF
GH
-v-
Liverpool City Council
………………………………………………………………………………………………………………………………………………………………………………………..
Upon hearing solicitor Mr McConville for the Claimant and solicitor Miss Holt for the Defendant
And upon:
(1) Consideration of the Article 8 rights of the Claimants to respect for private and family life and the Article 10 rights to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is necessary 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 other interested party.
AND pursuant to section 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981 and CPR rules 5.4C, 5.4D and 39.2(4).
Whereas:
(1) For the purposes of this order:
(i) ‘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 or any section of the public.
(ii) Publication for the purposes of this Order includes any further publication (as defined in sub-paragraph (i) above) from the date of this order, even if such information has been derived from a previous stage or stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimants’ money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised parties’ representatives and advisers in managing that party’s affairs.
(vii) Communications for the purposes of obtaining medical care, advice or treatment for the anonymised parties.
IT IS ORDERED:
Anonymity of the Claimants
- The identity of the Claimants as parties to these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimants or other immediate family members, or any details (including other names, other addresses, the name of any school attended by any of the Claimants, the address of any school attended by any of the Claimants, or a specific combination of facts) that could lead to the identification of AB, CD, EF and GH as the Claimants in these proceedings. The Claimants shall be referred to as set out at paragraph 3 of this order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant shall be referred to as AB. The Second Claimant shall be referred to as CD. The Third Claimant shall be referred to as EF. The Fourth Claimant shall be referred to as GH.
(ii) Any other details liable to lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Insofar as is necessary, any statement of case or other document disclosing the Claimants’ names or addresses or the name or address of any other immediate family members already filed in the proceedings shall be replaced by a document describing such name or address in an anonymised or redacted form as the case may be.
5. The original of any such document is to be placed on the Court file in a sealed envelope marked “Not to be opened without the permission of a Judge or District Judge”.
6. 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 sub-paragraph 3(i) and 3(ii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rule 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.
7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 22nd 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.”
8. 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 notice to the Claimants’ solicitor and that 7 days’ prior notice of the intention to make such an application is given.
9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th 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.
10. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants.
STAY
11. The proceeding are stayed for a period of 3 months from today’s date, that is, until 4pm 22 May 2024. Before 4pm on 22nd May 2024, the Claimant must either write to the Court to state that the claim has settled or apply to lift the stay and request further directions.
COSTS
12. Costs in the case.