AM -v- Yeovil Magistrates’ Court (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003103 

In the High Court of Justice
King’s Bench Division
Administrative Court

In the matter of an application for judicial review 

20 November 2024

Before:

the Honourable Mr Justice Lavender  

The King
on the application of
AM
(Claimant)

-v-

Yeovil Magistrates’ Court
(Defendant)

and

(1) Lewis Richard Julian Chave
(2) Director of Public Prosecutions
(Interested Parties)

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant and the Acknowledgment of Service filed by the Defendant and the Second Interested Party

ORDER by the Honourable Mr Justice Lavender

  1. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify the Claimant as party to these proceedings.
  2. In any publication, broadcast, social media or other media relating to these proceedings, the Claimant shall be known by the letters AM.
  3. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a Statement of Case, Judgment, Order or other document from the Court records if the document has been anonymised such that: (a) The Claimant is referred to as MS. (b) The address of the Claimant has been deleted.
  4. Insofar as any Statement of Case, Judgment, Order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 4 above, the Claimant has permission to file with the Court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.  
  5. Any interested party, whether or not a party to the proceedings, may apply to the Court for an order setting aside, varying or discharging paragraphs 1 to 4 of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.
  6. The time for service of the claim form on the First Interested Party is extended to 7 October 2024.
  7. The application for permission to apply for judicial review is refused.
  8. No order for costs.

Reasons

  1. Anonymity: Anonymity is necessary because the Claimant claims to be a victim of stalking whose mental health is at issue in this claim.
  2. Extension of Time: The extension of time is justified by reason of the difficulties which the Claimant has experienced in serving the claim form on the First Interested Party.
  3. Ground 1: The magistrates were entitled to refuse to adjourn the prosecution of the First Interested Party. In particular, it was not irrational for the Defendant to decide not to adjourn.
  4. Ground 2: The Defendant is a court. Pursuant to section 9 of the Human Rights Act 1998, no claim for damages lies against the Defendant for breach of any of articles 3, 8, 13 or 14 ECHR.
  5. As to the alleged breaches of articles 3, 8 and 13, the Claimant’s allegations were investigated.
  6. As to the alleged breach of Article 14, there is no evidence that the magistrates’ failed to recognise the Claimant’s position as an alleged victim of stalking.
  7. Costs: Neither the Defendant nor the Second Interested Party has sought an order for costs.

Signed: Nicholas Lavender
Dated: 20 November 2024