AVL -v- Heseltine and Heseltine (anonymity order)
QB-2021-003852
The High Court, Queen’s Bench Division
15 November 2021
Before:
Judge Melissa Clarke
Between:
AVL
(A child represented by her father and litigation friend GDL)
-v-
(1) Mr Christopher Heseltine
-and-
(2) Mrs Susan Heseltine
(Together trading as Hesketh Farm Park)
_____________________________
ANONYMITY ORDER
_____________________________
BEFORE Her Honour Judge Melissa Clarke sitting at the Royal Courts of Justice on
15 November 2021
UPON HEARING Mr Adam Korn, counsel on behalf of the claimant and Mr Kerem
Alev, counsel on behalf of the defendants
AND UPON consideration of the claimant’s Article 8 right to respect for private and
family life and the Article 10 right to freedom of expression
AND UPON IT BEING RECORDED THAT (i) the defendants indicated their
neutrality to the making of the order and (ii) a representative of the press present in
Court indicated (after hearing a summary of the case from counsel for the claimant)
that he had not application to make and (iii) there were no further representations
from any other interested party
AND UPON IT APPEARING the case is likely to attract publicity and that
revealing the identity of the Claimant is likely to unfairly damage the interests of the
claimant and that, accordingly, non-disclosure of the identity or address of the
claimant and the Litigation Friend is necessary in order to protect the interests of the
claimant
AND PURSUANT to s11 Contempt of Court Act 1981, s.6 of the Human Rights Act
1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED
1. The publication of the claimant’s name and address, the Litigation Friend’s name
and address or any information which could lead to the identification of the
claimant as AVL in these proceedings is prohibited.
2. There be substituted for all purposes of this case, in place of references to the
claimant by name, and whether orally or in writing, references to the letters AVL.
Likewise, the Litigation Friend shall be referred to as GDL. 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.
3. A non-party may not inspect or obtain the copy of any document from the court
file (other than this order duly anonymised) without the permission of a Judge or a
Master, pursuant to CPR 5.4C or 5.4D. Any application for such permission must
be made on at least 7 days’ notice to the claimant and the Court will effect service.
4. A non-party may not obtain any copy statement of case or document from the
court file unless it has been anonymised in accordance with this direction and
there has been redacted any information which might identify the claimant or the
Litigation Friend.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on [date of this Order] 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. For the avoidance of doubt, paragraphs 1 and 2 above shall not apply to the
following, which do not constitute publication within the meaning of paragraph 1
(providing always that proper steps are taken to protect the confidentiality of
information from being made public):-
6.1. Communications between the Court Funds Office and the claimant or
Litigation Friend in relation to the payment of money into the Court Funds
Office for the benefit of the claimant or the investment or treatment of
payment out of such money.
6.2. Communications between the Court Funds Office, the claimant’s
representatives, or any financial institution concerned as to the receipt or
investment of such money.
6.3. Records kept by the Court Funds Office, the claimant’s representatives, or
any financial institution concerned as to the receipt or investment of the
claimant’s money.
6.4. Retention by the parties and/or their representatives and/or their advisers of
their unredacted files for the purposes of their continuing functions and
obligations in relation to the proceedings.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of the Rolls on 17 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.
8. Any interested party, 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 no less than 7 days’ notice to the claimant and the Court will effect service.
Dated 15 November 2021