ARX and BJX -v- London Borough of Waltham Forest (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-002277

In the High Court of Justice
King’s Bench Division

10 October 2024

Before:

Master Stevens

Between:

(1) ARX
(2) BJX
(by their litigation friend: The Official Solicitor)

-v-

London Borough of Waltham Forest

Order

UPON the Applicants’ application dated 8 July 2024

AND UPON

(1) Consideration of the Article 8 rights of the Applicants to respect for private and family life, and the Article 10 right to freedom of expression.

(2) It appearing that non-disclosure of the identity of the Applicants is necessary to secure the proper administration of justice and in order to protect the interests of the Applicants and that there is no sufficient countervailing public interest in disclosure.

(3) The Respondent indicating its agreement to the making of the order

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:

(1) ‘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.

(2) 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.

WITHOUT A HEARING
IT IS HEREBY ORDERED BY CONSENT THAT:

  1. The identity of the Applicants as parties in this action and any contemplated future proceedings is confidential and shall not be published.

  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Applicants 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 the Applicants in these proceedings. The Applicants 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:

    a. The First Applicant shall be referred to as “ARX”.

    b. The Second Applicant shall be referred to as “BJX”.

    c. The First Applicant’s male elder sibling shall be referred to as “ CRX”

    d. The First Applicant’s female elder sibling shall be referred to as “ DRX”

    e. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Applicants (including any names of other immediate family members or their addresses) shall be redacted before publication.

  4. Pursuant to CPR Rules 5.4C and 5.4D:

    (i) 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 7(a) to (e) above.

    (ii) 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 Applicant’s solicitor, trustee or deputy.

  5. The Applicants’ solicitor shall file with the Court an electronic (PDF) copy of their Application Notice dated 8 July 2024 and a copy of any pre-action disclosure Order in an anonymised or redacted form in accordance with paragraph 3 above by 1 November 2024.

  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 11 October 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 Applicants’ 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. Costs in the eventual case (this application to be consolidated for costs purposes only with any proceedings issued by the Applicants against the Respondent arising from the subject matter of this application).