Claim No.: QB-2021-000149
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
26 January 2021
(1) Ministry of Defence
UPON READING an application notice by the Claimant dated 13.01.21 and the witness statement of Malcolm Johnson, solicitor dated 13.01.21.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and the Second Defendant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED: –
1. That the identity of the Claimant and the Second Defendant be not disclosed.
2. That the Claimant and Second Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “AB” and “CD” respectively.
3. That the address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s and Second Defendant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant and Second Defendant is to be placed on the Court file marked “confidential: not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and Second Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the Second Defendant is prohibited.
8. The provisions of this Order shall not apply: –
(i) to 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) to communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.
9. That the Claimant do by 4 pm on 15.02.21 draw and file this Order and serve the same on the Defendants.
10. That the Claimant do comply with rule 23.9(2) by service on the Defendants.
11. That the Defendants may apply under rule 23.10 to have this Order set aside or varied.
12. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
13. A copy of this order be published on the website of the Judiciary of England and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity Orders” naming the Claimant as AB and the Second Defendant as CD respectively.