Case Number: KB-2022-0050006
In The High Court Of Justice
King’s Bench Division
Interim Applications Court
16 October 2023
Mrs Justice Hill DBE
(2) DEF (A Child Suing By ABC As His Mother And Litigation Friend)
UPON the application of the First Claimant made orally at the hearing on 11 October 202
WHEREAS the claim involves allegations of sexual abuse of the First Claimant by the Defendant
AND WHEREAS the claim involves allegations of other forms of abuse of the Second Claimant, a vulnerable child, by the Defendant
AND UPON THE COURT CONCLUDING that (i) revealing the identity of the First Claimant would undermine the protection provided by section 1(1) of the Sexual Offences (Amendment) Act 1992, to the extent that it applies; (ii) the claim is likely to involve consideration of highly sensitive matters relating to both Claimants’ private and family lives, as protected by Article 8 of the ECHR; (iii) non-disclosure of the identity of the Claimants is thereby necessary in order to protect their interests; (iv) there is no countervailing public interest in disclosure; and (v) prohibition on the identity of the Defendant is also necessary, given the familial relationship between the parties and the consequent risk of jigsaw identification of the Claimants
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
IT IS ORDERED THAT:
- There shall be no publication of the names and addresses of the Claimants or Defendant, or any information which may tend to identify them.
- There be substituted for all purposes of this case, in place of references to the First Claimant by name, and whether orally or in writing, reference to the letters ABC. Likewise, the Second Claimant shall be referred to as DEF and the Defendant XYZ.
- A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master of the King’s Bench Division. Any application for such permission must be made on notice to the Claimant.
- A non-party may not obtain any copy document from the court file in accordance with paragraph 3 above unless it has been anonymised in accordance with paragraph 1 of this order and any information which might identify the parties has been redacted.
- CE-file will be clearly marked with the details of this order and of the restrictions on disclosure of addresses set out in the case management order of today’s date.
- 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 Claimant’s solicitor, and that 7 days’ notice of the intention to make such an application is given.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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 email@example.com.
Mrs Justice Hill DBE
Date: 16 October 2023