AXB -v- Kaawha and another (anonymity order)
Claim Number: QB-2022-000976
In the High Court of Justice
King’s Bench Division
14 February 2023
Before:
Master Sullivan
Between:
AXB
-v-
(1) Edward Kaawha
(2) Laura Kanyunyuzi
Anonymity Order
BEFORE MASTER SULLIVAN
UPON the Court making an anonymity order in order to protect the interests of the Claimant on 23 November 2022.
AND UPON the Application (“the Application”) of the Claimant made by Application dated 1 December 2022 without Notice of the Application having been served upon the Defendants
AND UPON reading the witness statement of Victoria Pogge von Strandmann of 1 December 2022 in support of the Application.
AND UPON the Court considering the Notice of Application and that:
(1) The Claimant having been conclusively identified as a victim of human trafficking on the balance of probabilities by the Single Competent Authority in April 2022 and granted Discretionary Leave to Remain status for 12 months from 16 September 2022 until 15 September 2023.
(2) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(3) Non disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(4) The facts of the claim concern allegations of human trafficking and modern slavery against the Defendants and it is necessary to protect the Claimant’s address and location from them in order to protect her interests.
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, Civil Procedure Rules 1998 rules 3.10, 5.4B, 39.2 and the inherent jurisdiction of the Court.
AND UPON HEARING Counsel for the Claimant
IT IS ORDERED THAT:
- The anonymity Order of 23 November 2022 is varied so as to include the following:
1A. The address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4A. Pursuant to CPR 5.4B, the Defendants may not obtain from the records of the court:
(1) a copy of any document listed in paragraph 4.2A of Practice Direction 5A; or
(2) a copy of any other document filed by the Claimant or communication between the court and the Claimant or another person unless the Claimant’s address or any other information that could lead to the identification of their address or location has been removed or redacted.
- The Claimant’s solicitor shall file with the court an electronic (PDF) bundle of the statements of case that have been anonymised in accordance with the order of 23 November 2022 as varied by this order by 28 February 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Claimant must serve a copy of this Order and of the Notice of Application and the witness statement in support upon the Defendants and otherwise comply with CPR Rule 23.9 within three days of service of this Order upon them.
- The Defendants may apply under CPR Rule 23.10 and CPR3.3(5) to set aside or vary this Order within fourteen days of service of it upon them.
- Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- The Claimant has permission to apply to set aside or vary this order.
- 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.
- Costs in the case.