ABC and others -v- West Sussex County Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2021-000582

In the High Court of Justice
King’s Bench Division

2 February 2024

Before:

Master Eastman

Between:

ABC
(In her Personal Capacity and as Joint Administratrix of the Estate of DEF (deceased)

and

GHI
(in his Personal Capacity and as Joint Administrator of the Estate of DEF (deceased)

and

JKL
(A Child, by her Mother and Litigation Friend, ABC)

-v-

West Sussex County Council

Order

BEFORE MASTER EASTMAN sitting at the Royal Courts of Justice, Strand, London on 2 February 2024 in a hearing held via remote video link

UPON HEARING Counsel for the Claimants and the Defendant not attending

AND UPON:
(1) Consideration of the Third Claimant’s Article 8 rights 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 in order to protect the interests of the Third Claimant.

(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 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimants in these proceedings is protected and shall not be published.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 the name or address of the Claimants, or any details that could lead to their identification. 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:
    a. The First Claimant shall be referred to as “ABC”
    b. The Deceased shall be referred to “DEF”
    c. The Second Claimant shall be referred to as “GHI”
    d. The Third Claimant shall be referred to as “JKL”
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    a. A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    b. If a person who is not a party to the proceedings applies (pursuant to CPR r.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 Claimants’ Solicitor.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 2 February 2024 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing 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.