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AXG -v- Home Office (anonymity order published under CPR 39.2(5)

 Claim No: QB2019001142

In the High Court of Justice
Queen’s Bench Division

31 May 2019

Before:

Master Eastman

Between:

AGX

-v-

Home Office

 


UPON reading the claimant’s application dated 29 May 2010 and the statement of XXX dated 29 May 2019;

AND it appearing to the Court.

1. The allegations in this action are likely to attract public attention,

2. Publicity revealing the identity of the Claimant is likely to bring with it intrusions into the Claimant’s privacy.

3. Those intrusions may well have serious consequences for her.

4. In the circumstances of this action, (a) the Claimant’s rights under Articles 2, 3 and 8 of the European Convention on Human Rights cannot be protected without restrictions on the Article 10 rights of the public and the press, but (b) the proceeding factors make it necessary to give priority to the Claimant’s rights under Articles 2, 3 and 8.

AND pursuant to the Contempt of Court Act 1981, 811, the Civil Procedure rules 1998. Rules 5.4 and 39.2, and the inherent jurisdiction of the court

IT IS ORDERED that

(i) There be substituted for all purposes in this action, in place of reference to the Claimant by name, and whether orally or in writing, references to the (ii) letters AXG;

(ii) That, to the extent necessary to protect the Claimant’s identity, any other references whether to persons or to places (including the Claimant’s address) or otherwise, be adjusted appropriately, with leave to the parties to apply in default of agreement as to the manner of adjustment;

(iii) That so far as the Claim Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs (1) and (ii) above, the Claimant’s solicitors have leave to file with the Court, copies of such document adjusted so as to comply therewith; such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without leave of a Judge”. If a copy claim form is filed with the court in line with this provision, the Claimant’s solicitors’ address may be substituted for the Claimant’s address;

(iv) If a person not a party to the actions seeks copy of any document pursuant to Rule 5.4, any such document must be referred by a Judge to ensure that it complies with the order;

(v) No report of the proceedings shall identify the Claimant or her address, nor publish any details which may lead to her identification or to her being located;

(vi) Civil Procedure Rule 23.10 applies;

(vii) Costs in the case.

Dated 31 MAY 2019

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