AX -v- The Chief Constable of South Wales Police (anonymity order)
Claim No: AC-2024-CDF-000172
In the Cardiff Civil and Family Justice Centre
King’s Bench Division
Administrative Court
8 November 2024
Between:
The King on the application of
AX
-v-
The Chief Constable of South Wales Police
Consent Order
UPON the Claimant filing this claim within the three-month period referred to in Rule 54.5(1) Civil Procedure Rules (‘CPR’)
AND UPON the Defendant preserving the position that the Claimant has not filed her claim promptly under Rule 54.5(1)(a)
AND UPON the parties agreeing that a stay of the claim at this stage is appropriate to allow the parties to engage fully in the pre-action protocol procedure to assess whether a settlement of this claim, or narrowing of the relevant issues, is possible
AND UPON the Claimant making an application for anonymity, to protect her lifelong right to anonymity as a victim of rape, pursuant to s.1 Sexual Offences (Amendment) Act 1992.
IT IS HEREBY ORDERED, BY CONSENT, THAT:
Stay
The Claim is stayed pending the following actions: –
- The Claimant must provide to the Defendant any of the disclosure requested (and the clarification sought on the letter of claim) by the Defendant, that is relevant to the issues in the claim, by 4pm on 22 November 2024.
- The Defendant must file his response to the letter before Claim by 4pm on 20 December 2024.
- The Claimant must file and serve the documents required by Practice Direction 54A to accompany a claim form by 4pm on the 17 January 2025.
- The Defendant must file and serve the Acknowledgement of Service and Defence by 4pm on the 07 February 2025.
Anonymity
5. The application for anonymity is granted.
6. Pursuant to CPR 39.2(4) the identity of the Claimant shall not be disclosed and is confidential.
7. 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 Claimant, 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 Claimant in these proceedings. The Claimant shall be referred to as set out in paragraph 8 of this Order.
8. In any judgement or report of these proceedings, or other publication (by whatever medium), in relation thereto:
i. The Claimant shall herein be referred to by the letters AX. Others will be known as JX, JPS, JHX, DX and NX.
ii. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members of their address) shall be redacted before publication.
9. Pursuant to CPR Rules 5.4C and 5.4D:
i. A person who is not a party (or interested 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 8(i) to (ii) above.
ii. If a person who is not a party (or interested 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 Claimant’s solicitor, trustee or deputy.
10. 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.”
11. Costs in the case.