ALK and others -v- Chief Constable of Surrey Police (anonymity order)

County CourtHigh CourtAnonymity Order

Claim Number: 001DC901

In the County Court at Guildford

16 January 2024

Before:
His Honour Judge Simpkiss

Between:

1. ALK
2. ECN

-v-

Chief Constable of Surrey Police

ANONYMITY ORDER

Before His Honour Judge Simpkiss sitting at the County Court at Guildford, The Law Courts, Mary Road, Guildford, Surrey, GU1 4PS on 16 January 2024.

UPON hearing Counsel for the Claimant, Mr Murray, and Counsel for the Defendant, Mr Clemens

AND UPON consideration of each of the Claimant’s, and the children’s, Article 8 right to respect for private
life, the importance of open justice and the rights of the public’s and the press’s Article 10 right to freedom of expression

AND UPON IT APPEARING that non-disclosure of the identity of the Claimants or their children is necessary in order to secure the proper administration of justice and protect their interests, and that there is no sufficient countervailing public interest in disclosure.

AND UPON the parties not making any application, and there being no representations from the press or any other interested party.

AND UPON the court making this order of its own motion.

AND UPON IT APPEARING that there has been no extant reporting of these proceedings, attendance by the press at previously open hearings or any identifiable material in the public domain which identifies or could identify the Claimants or their children

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II 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:
(i) ‘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.
(ii) 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 HEREBY ORDERED THAT:-

The court office at the County Court at Guildford, The Law Courts, Mary Road, Guildford, Surrey, GU1 4PS. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 0300 123 5577 Fax: 01264 347933/4 Civ/Fmly. Check if you can issue your claim online. It will save you time and money. Go to www.moneyclaim.gov.uk to find out more.
Produced by: J Paul N24 General Form of Judgment or Order CJR065C  

  1. The identity of the Claimants and their children are confidential and shall not be published.
  2. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto: a. The First claimant shall be described as “ALK”
    b. The Second Claimant shall be described as “ECN”.
    c. The person referred to as A in the trial shall be described as “ABD”.
    d. The person referred to as B in the trial shall be described as “BZD”.
    e. The person referred to as C in the trial shall be described as “CEG”.
    f. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants of their children (including any names of other immediate family members or their addresses) shall be redacted before publication.
  3. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the address of the Claimants or their children 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 ALK, ECN, ABD, BZD or CEG in these proceedings. In any report, the individuals shall be referred to as set out at paragraph 2
    of this Order.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    a. 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 2(a) to (f) above.
    b. 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 Claimants’ solicitor.
  5. Further to paragraph 4, the parties shall provide anonymised versions of the existing statements of case and skeleton arguments which may be provided to a non-party on request by no later than 4pm on 30 January 2024. Any future submissions and documents shall comply with the requirements of paragraph 2.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16 January 2024 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.”
  7. 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 Claimants’ solicitor.
  8. 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 judicialwebupdates@judiciary.uk
  9. The costs of obtaining this order be costs in the case.