ACB -v- Chief Constable of Surrey Police (anonymity order)
Claim No: QB-2022-000137
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 02/03/2022
Before:
Master Davison
Between:
ACB
-v-
Chief Constable of Surrey Police
ORDER
UPON the Application of the Claimant (“the Application”) made by Notice of
Application dated 18 February 2022 and supported by a witness statement from the
Claimant. And without a Hearing or Notice of the Application having been served
upon the Defendant
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 Court considering the Notice of Application and the accompanying draft
order sought by it AND THAT:
1. The action is one which might attract significant media attention and publicity.
2. The action relates to events and matters during the Claimant’s childhood
3. Publicity revealing the identity or address/location of the Claimant could
unfairly damage the interest of the Claimant and give rise to serious harm to
the Claimant.
4. Non-disclosure of the identity of and anonymity of and of the
addresses/locations of the Claimant is necessary in order to protect the
interests of the Claimant and to secure the proper administration of justice.
5. The Claimant’s identity and addresses/locations ought to be withheld from the
public and should not be published, and that the Court should allow these
prohibitions and give consequential directions, and that such prohibitions are
necessary to secure the proper administration of justice.
6. It is necessary to sit in private to secure the proper administration of justice
and including because publicity would subvert the purpose of the Application
and this Order.
AND pursuant to the section 11 Contempt of Court Act 1981, Civil Procedure
Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and 39.2 and the inherent
jurisdiction of the Court.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant 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).
2. There be substituted for all purposes in this action in place of references to
the Claimant and whether orally or in writing, reference to a sequence of
characters, namely “ACB” for the Claimant; and the Claimant 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 ACB.
3. That insofar as necessary, any statement of case or other document
disclosing the Claimant’s (or his family’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).
4. The original of any such statement of case or other document disclosing the
name or address/location of the Claimant or his family (and in particular any
Claim Form, or any statement of case, judgment, Order or other document to
which anyone might have 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”.
5. 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”.
6. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or his family. The
publication of the name or address/location of the Claimant or any member of
the Claimant’s immediate family is prohibited.
7. 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 within three
days of service of this Order upon them.
8. The Defendant may apply under CPR Rule 23.10 and CPR3.3(5) to set aside
or vary this Order within seven days of service of it upon them.
9. Any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10. The Claimant has permission to apply to set aside or vary this order.
11. 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 AB.
12. The costs of the Application are reserved.