ATX (by Their Litigation Friend the Official Solicitor) and BTX (by Their Litigation Friend The Official Solicitor) -v- Wolverhampton City Council (anonymity order)
Claim No. QB-2021-004375
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Dated: 25/11/2021
Before:
Master McCloud
Between:
ATX (by Their Litigation Friend the Official Solicitor)
and BTX (by Their Litigation Friend The Official
Solicitor)
-v-
Wolverhampton City Council
ORDER
UPON READING an application notice by the Claimants dated 24 November 2021
AND UPON consideration of the Claimants’ Article 8 right to respect for private and
family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is
necessary in order to protect the interests of the Claimants.
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.
IT IS ORDERED:-
1. That the identity of the Claimants be not disclosed.
2. That the Claimants 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 “ATX” and “BTX”.
3. That the address of the Claimants be stated in all statements of case and
other documents to be filed or served in the proceedings as the address of
the Claimants’ solicitors.
4. That in so far as necessary, any statement of case or other document
disclosing the Claimants’ names or addresses already filed in the proceedings
be replaced by a document describing such name or address in anonymised
form as above.
5. That the original of any such document disclosing the names or addresses of
the Claimants is to be placed on the Court file in a sealed envelope marked
“not to be opened without the permission of a Judge, Master or District Judge
of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or
from the Court file (other than this order duly anonymised as directed) without
the permission of a Master or District Judge. Any application for such
permission must be made on notice to the Claimants, and the Court will effect
service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the Claimants. The publication of
the name and address of the Claimants or of any member of the Claimants’
immediate family is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the
anonymised party or Litigation Friend in relation to the payment of
money into the Court Funds Office for the benefit of the
anonymised party or the investment or treatment of payment out of
such money;
(ii) to communications between the Court Funds Office and/or the
anonymised party or Litigation Friend and any financial institution
concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party
or Litigation Friend or any such financial institution in relation to
such money.
9. That the Claimants do draw and file this Order and serve the same on the
Defendant within 28 days of the date of this Order.
10. That the Claimants do comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside
or varied.
12. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
13. A copy of this order shall be published on the Judicial Website of the High
Court of Justice specifying that the Claimants shall be referred to as “ATX”
and “BTX”.
14. No order as to costs