ABC -v- DEF (anonymity)
Claim No.: QB-2020-004296
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
7 December 2020
Master Dagnall Sitting In Private
UPON the Application of the Claimant (“the Application”) made by Notice of Application dated 24 November 2020 and without a Hearing or Notice of the Application having been served upon the Defendant AND UPON the Claimant suing as executor and widow of a deceased (“the Deceased”) and on behalf of herself and children of the Deceased (“the Children”) and seeking approval of a proposed settlement
AND UPON consideration of the Claimant’s and the Children’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON Court considering the Notice of Application and the accompanying draft order sought by it AND THAT (but without yet having heard any submissions from the Defendant, and so that this is on a provisional basis only):
- The action is one which is likely to attract significant media attention and publicity.
- The Claim is brought to seek approval of a settlement and which approval is required by the Civil Procedure Rules and because of the interests of the Children.
- Publicity revealing the identity or address/location of the Claimant or the Children could unfairly damage the interest of the Claimant and the Children.
- Revealing the name or address of the Defendant could lead to the identification of the Claimant and the Children and so could unfairly damage the interest of the Claimant and the Children.
- Non-disclosure of the identity of and anonymity of the Claimant and of the Children and of the Defendant and of their addresses/locations is necessary in order to protect the interests of the Claimant and of the Children and to secure the proper administration of justice.
- The Claimant’s (and the Children’s) and the Defendant’s identity and address/location ought to be withheld from the public, and that the Court should allow this and give consequential directions, and that such prohibitions are necessary to secure the proper administration of justice.
AND pursuant to the section 11 Contempt of Court Act 1981, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.10, 5.4 A-D and 39.2 and the inherent jurisdiction of the Court.
AND UPON the Court, not having invited or heard any submissions from the Defendant, and on a provisional basis only, being satisfied that there is no public interest in disclosure that outweighs the need for anonymity, the Court has determined that it would be proportionate to order that the Claimant and the Defendant shall be referred to herein and for the purposes of these proceedings only by the initials as set out in the heading of this order save for the purposes of any necessary confidential communications between the parties’ legal advisors and/or the court and/or the Court Funds Office.
AND UPON a copy of the court’s order being published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk). Any person who is not a party to the proceedings may apply to set aside or vary the order.
IT IS ORDERED AND DIRECTED THAT:-
- The identity and the address/location of the Claimant and of the Children and of the Defendant be not disclosed or published without the permission of the court (other than as required for the purposes of
the carrying on of this action).
- There be substituted for all purposes in this action in place of references to the Claimant and for the Defendant by name, and whether orally or in writing, reference to the sequence of characters, ABC and DEF respectively; and 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 “ABC and the Defendant as “DEF”.
- The address of the Claimant and of the Children 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.
- That insofar as necessary, any statement of case or other document disclosing the Claimant’s or the Children’s or the Defendant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above (and in the meantime shall be kept confidential), and the Claimant’s solicitor shall have permission to file with the court such copies of such documents adjusted so as to comply therewith.
- The original of any such statement of case or other document disclosing the name or address/location of the Claimant or the Children or the Defendant (and in particular any Claim Form, or any statement of case, judgment, Order or other document to which anyone mighthave access to pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”
- Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
- The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Children or the Defendant. The publication of the name or address/location of the Claimant or the Children or the Defendant or of any member of the Claimant’s or the Defendant’s immediate family is prohibited.
- The Claimant must serve a copy of this Order and of the Notice of Application upon the Defendant and otherwise comply with CPR Rule
23.9 by no later than service of the Claim Form.
- The Defendant may apply under CPR Rule 23.10 to set aside or vary this Order within seven days of service of it upon them.
10.Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
11.The Claimant and the Defendant have permission to apply to set aside or vary this order.
12.The provisions of this Order shall not apply 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;
- communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money; or
- records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.
- A copy of this Order shall be published on the judicial website of the
High Court of Justice specifying that the Claimant shall be referred to as ABC and the Defendant shall be referred to as DEF.