AXB -v- The Ministry of Defence (anonymity order)
Claim No: QB-2021-004361
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 12/12/2021
Before:
Master Eastman
Between:
AXB
-v-
The Ministry of Defence
ORDER
UPON the Application (“the Application”) of the Claimant/Applicant (“the Claimant”)
made by Notice of Application dated 25 November 2021 supported by the witness
statement of Malcolm Johnson of the same date.
AND without a Hearing or Notice of the Application having been served upon the
Defendant/Respondent (“the Defendant”) although the Claimant has stated that the
Respondent has been advised that was being made.
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 the Court considering the Notice of Application and the accompanying
draft order sought by it.
AND THAT:
1. The action is one which is likely to attract significant media attention and
publicity.
2. The action relates to alleged sexual assault and where the Claimant was an
alleged child victim, and where, at least if the matter were the subject of
criminal proceedings, the Claimant might be entitled to the protection of section
1 of the Sexual Offences (Amendment) Act 1992 and/or the Sexual Offences
Act 2003, and to matters which do or may attract statutory anonymity and
provisions against publication of the identity or address/location of the Claimant
and their family.
3. Publicity revealing the identity or address/location of the Claimant could unfairly
damage the interest of the Claimant and their family and give rise to serious
harm to the Claimant or their family.
4. Non-disclosure of the identity of and anonymity of the Claimant and of their
family and of their addresses/locations is necessary in order to protect the
interests of the Claimant and to secure the proper administration of justice.
5. The Claimant’s identity and address/location ought to be withheld from the
public and should not be published, and that the Court should allow these
prohibitions and give consequential directions, and that such prohibitions are
necessary to secure the proper administration of justice.
6. It is necessary to sit in private to secure the proper administration of justice,
and including because publicity would subvert the purpose of the Application
and this Order.
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human
Rights Act, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and
39.2 and the inherent jurisdiction of the Court.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant and of their family be not
disclosed or published without the permission of the court (other than as
required for the purposes of the carrying on of this action).
2. There be substituted for all purposes in this application in place of references to
the Claimant by name, and whether orally or in writing, reference to the
sequence of characters, AXB; and the Claimant shall 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 “AXB”.
3. 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.
4. That insofar as necessary, any statement of case or other document disclosing
the Claimant’s name or address already filed in the proceedings be replaced by
a document describing such name or address in anonymised form as above
(and in the meantime shall be kept confidential), and the Claimant’s solicitor
shall have permission to file with the court such copies of such documents
adjusted so as to comply therewith.
5. The original of any such statement of case or other document disclosing the
name or address/location of the Claimant (and in particular any Application
Notice, or any statement of case, judgment, Order or other document to which
anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any
time) are to be retained by the Court in a sealed envelope, marked “Not to be
opened without the permission of a Judge or Master or District Judge of the
Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed
on the court file and marked “confidential: not to be opened without the
permission of a Master or High Court Judge”.
6. Any person not a party to this action may not inspect or obtain a copy of any
document on or from the Court file (other than this order duly anonymised as
directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or
otherwise, without the permission of a Judge or Master of the Queen’s Bench
Division. Any application for such permission must be made on notice to the
Claimant and the Court will effect service. The Court file is to be retained by the
Court and marked “Anonymised”.
7. The reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant. The publication of the
name or address/location of the Claimant or of any member of the Claimant’s
immediate family is prohibited.
8. The Claimant must serve a copy of this Order and of the Notice of Application
and the witness statement upon the Defendant and otherwise comply with CPR
Rule 23.9 within three days of service of this Order upon it.
9. The Defendant may apply under CPR Rule 23.10 and CPR 3.3(5) to set aside
or vary this Order within seven days of service of it upon it.
10. Any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.
11. The Claimant has permission to apply to set aside or vary this order.
12. The Court will further consider the anonymity application at the first hearing in
the Claim
13. A copy of this Order shall be published on the judicial website of the High Court
of Justice specifying that the Claimant shall be referred to as AXB.
14. Costs of the Application are in the case.