AB -v- XY (anonymity order published under CPR 39.2(5)
Claim No: HQ17P04314
In the High Court of Justice
Queen’s Bench Division
Royal Courts of Justice
2 July 2019
Before:
Mr Justice Jay
Between:
AB
(By his wife and Litigation Friend, CD)
-v-
XY
ANONYMITY ORDER
BEFORE MR JUSTICE JAY
Sitting at the Royal Courts of Justice on 1st July 2019
UPON HEARING, Counsel for the Claimant and Counsel on behalf of the Defendant.
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
(1) That the identity of the Claimant, the litigation friend and the Defendant be not disclosed.
(2) There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “AB”. Likewise, the Litigation Friend shall be referred to as “CD” and the Defendant shall be referred to as “XY”.
(3) That the Claimant, the litigation friend and the 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”, “CD” and “XY” respectively.
(4) That the address of the Claimant and of the litigation friend 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.
(5) That the address of the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
(6) So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at anytime does not comply with the above, the claimant’s solicitors have leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court in a sealed envelope marked : “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
(7) A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant, the Litigation Friend or the Defendant. Any application for such permission (i.e. to inspect or obtain a non anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
(8) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, litigation friend or Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend or the Defendant is prohibited.
(9) The provisions of this Order shall not apply:
a. to communications between the Court Funds Office and the anonymised party, his Deputy or Litigation Friend 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;
b. to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
(10) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(11) Costs in case
Dated 1st July 2019