AB -v- Rawlings (anonymity)
Claim No.: QB-2017-000820
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
15 October 2020
Before:
Master Dagnall
Between:
AB
-v-
Ms Charlotte Amber Rawlings
BEFORE Master Dagnall conducting a hearing remotely by way of Microsoft Teams pursuant to CPR PD 51Y
Upon hearing Counsel for the Claimant and Counsel for the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for his private and family life and the Article 10 right to freedom of expression
AND UPON the Court being satisfied on the evidence of Ms. Katryn Mercer, contained in her witness statement, dated the 21st September 2020, that the non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and to secure the interests of the administration of justice
AND PURSUANT to Part 39.2(4) of the Civil Procedure Rules 1998 and Section II of the Contempt of Court Act 1981 and Parts 5.4C and 5.4D of the CPR
IT IS ORDERED THAT:
1. The identity of the Claimant shall not be disclosed.
2. The Claimant shall 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.
3. That the address of the Claimant shall 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 name and address already filed in the proceedings shall 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 and address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without permission of a Master or High Court Judge”.
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 High Court Judge. Any application for such permission must be retained 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 the Court file shall be marked “Confidential. Not to be opened without the permission of a Master or High Court Judge”.
8. That a copy of this Order shall be published on the judicial website of the High Court specifying that the Claimant shall be referred to as “AB”.
9. That the reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or any member of his immediate family is prohibited.
10. The provisions of this order shall not apply:
10.1 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;
10.2 to communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt of payment out of such money; or
10.3 to records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.
11. That any non-party affected by this order may apply on notice to all parties to have this order set aside or varied.