ALD and AET (interested party) -v- FSN (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: H90MA044

In the High Court of Justice
King’s Bench Division
Manchester District Registry

27 October 2022

Before:
His Honour Judge Bird

Between:
ALD
(a protected party by AET, the Litigation Friend)
-v-
FSN


Anonymity Order

BEFORE the His Honour Judge Bird sitting as a Judge of the High Court at Manchester on 27 October 2022

UPON HEARING Mr James Rowley KC for the Claimant and Mr Christopher Kennedy KC for the Defendant

AND UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression, the open justice principle, and X v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96

AND UPON the Court being satisfied that non-disclosure of the identity of the Claimant, the Litigation Friend and the Defendant is necessary in order to protect the interests of the Claimant

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 The identity of the Claimant in these proceedings is protected and shall not be published.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 Claimant, or the Claimant’s family or any details that could lead to the identification of the Claimant, including the name of the Defendant. The Claimant, the Litigation Friend and the Defendant 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:
    (1) The Claimant shall be referred to as “ALD”
    (2) The Litigation Friend shall be referred to as “AET”
    (3) The Defendant shall be referred to as “FSN”
    (4) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (1) 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 and redacted in accordance with subparagraphs 3(1) to (3) above.
    (2) In the event of anonymised or redacted documents being needed to facilitate access to documents from the court records in accordance with paragraph 4 (1) of this Order, the parties shall cooperate with the Court in the supply of suitably edited documents.
    (3) 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 or Deputy.
  5. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 27 October 2022 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.”
  6. Any person, 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 Claimant’s Solicitor or Deputy, after having given them 7 days’ prior notice of the intention to make such an application.

DATED this 27th day of October 2022