AXS (A Child by his Litigation Friend and mother AXQ) -v- Durna (anonymity order)
Claim No.: QB-2022-000480
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 22/02/2022
Before:
Master Sullivan
Between:
Anonymised Party AXS (A Child by his Litigation
Friend and mother AXQ)
-v-
Aykut Durna
ORDER
UPON the Claimant’s Application Notice issued on 14 February 2022
AND UPON consideration of the Claimant’s Article 8 right to respect for
private and family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Clamant
is necessary in order to protect the interests of the Claimant and that there is
no sufficient countervailing public interest in disclosure.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to
5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED that:
1 There be substituted for all purposes of this case, in place of
references to the Claimant and her Litigation Friend, and whether orally or in
writing, references to the letters “AXS” and “AXQ” respectively.
2 To the extent necessary to protect the claimant’s identity, any other
references, whether to persons or places or otherwise, be adjusted
appropriately, with permission to the parties to apply in default of agreement
as to the manner of such adjustments.
3 So far as the claim form, or any judgment or order, or any other
document to which anyone might have access pursuant to CPR Rule 5.4A-D
at anytime does not comply with the above, the claimant’s solicitor has leave
to file with the court copies of such document adjusted so as to comply
therein. 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
and/or on HMCTS e-filing service system marked as confidential.
4 A non-party may not obtain any copy statement of case or other
document from the court file unless it has been edited (anonymised) in
accordance with this direction.
5 Reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the parties.
6 The claimant has permission to issue the claim form giving the address
of his solicitors in place of his residential address. A copy of the claim Form
with the claimant’s full name and address is to be placed on the court file
marked: “confidential, not to be opened without the permission of a Judge of
Master of the Queen’s Bench Division”.
7 Any party affected by this order may apply on notice without restriction
of time for an order varying or setting aside this order.
8 Costs in the case.
9 A copy of this order shall be published on the website of the judiciary of
England and Wales. In that order the Claimant shall be referred to as “AXS”
and the litigation friend “AXQ”.