ABC -v- Ahmed Razwan (anonymity order)
Case Number: QB-2021-002642
In the High Court of Justice
King’s Bench Division
12 July 2023
Before:
Master Eastman
Between:
ABC [A Protected Party and Protected Beneficiary within the meaning of
the Mental Capacity Act 2005) through his Litigation Friend and Mother,
XYZ]
-v-
Mr Ahmed Razwan
Order
BEFORE MASTER EASTMAN at the Royal Court of Justice on 12th July 2023
UPON HEARING Mr Grant of Counsel for the Claimant and Mr Hamill of Counsel for the Defendant by
Microsoft Teams video call (pursuant to CPR Practice Direction 51Y)
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 the Claimant and his Litigation Friend, XYZ attending by Microsoft Teams video call (pursuant
to CPR Practice Direction 51Y)
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and his Litigation Friend is
necessary in order to protect the interests of the Claimant
AND PURSUANT to section 6 of the Human Rights Act 1998, rule 39.2(4) of the Civil Procedure Rules and
section 11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form
(including internet and social media), which is addressed to the public at large or any section of
the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived from a
previous stage or stages of these proceedings.
IT IS ORDERED [BY CONSENT] THAT:
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other
publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate
family members, or any details (including other names, addresses, or a specific combination of facts)
that could lead to the identification of ABC as the Claimant in these proceedings. The Claimant and the
Litigation Friend shall be referred to as set out at paragraph 3 of this Order. - In any judgment or report of these proceedings, or other publication (by whatever medium) in relation
thereto:
(i) The Claimant shall be referred to as “ABC”.
(ii) The Litigation Friend shall be referred to as “XYZ”.
(iii) Any other details which, on their own or together with other information publicly available,
may lead to the identification of the Claimant (including any names of other immediate family
members or their addresses) shall be redacted before publication. - Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case,
judgment or order from the Court records unless the statement of case, judgment or order has
been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) 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 Claimant’s solicitor, trustee or deputy. - The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case
that has been anonymised in accordance with paragraph 3 above by 2nd August 2023, and re-filed in the
event that any statement of case is amended, within 21 days of such amendment being approved. - The Court file shall be clearly marked with the words “An anonymity order was made in this case on
12th July 2023 and any application by a non-party to inspect or obtain a copy document from this file
must be dealt with in accordance with the terms of that Order.” - 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 7 days’ notice to the Claimant’s
solicitor, trustee or deputy. - 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
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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 judicialwebupdates@judiciary.uk. - The costs of obtaining this order be costs in the case.