AYZ -v- NZR (anonymity order)
Claim Number: KB-2023-NCL-000048
In the High Court of Justice
King’s Bench Division
Newcastle upon Tyne District Registry
30 January 2025
Before:
His Honour Judge Freedman
Between:
AYZ (a child by their Litigation Friend, the Official Solicitor)
-v-
NZR
Order
Before His Honour Judge Freedman, sitting at the Newcastle Civil & Family Courts and Tribunals Centre on 02.12.2024
UPON HEARING Leading Counsel for the Claimant and Leading Counsel for the Defendant remotely by MS Teams
UPON the Claimant applying orally for an Anonymity
UPON IT BEING RECORDED THAT, notwithstanding the Judgment of the Honourable Mr Justice Nicklin in PMC v a Local Health Board [2024] EWHC 2969 (KB) and pending any appeal of the same, the Court possesses or retains a jurisdiction to make an order in form PF 10 in the circumstances of this approval pursuant to the Court of Appeal judgment in JX MX v Dartford and Gravesham NHS Trust [2015] 1 WLR 3647 and considers that it is appropriate to make such an order on this occasion
AND UPON
(1) 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.
(2) It appearing that 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.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
2. 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 their 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 at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “AYZ”.
(ii) The Defendant shall be referred to as “NZR”
(iii) 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 or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a 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 3(i) to (iii) above.
(ii) If a person who is not a 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.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 23.12.2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 02.12.2024 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.”
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
8. 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
9. The costs of obtaining this order be costs in the case.
10. Following any judgment of the Court of Appeal in PMC v A Local Health Board [2024] EWHC 2969 in respect of anonymity orders the parties shall review this Order and if either party considers that the Order should be discharged, varied, made time-limited or the jurisdictional basis of the order differently specified, the Claimant shall make an application under CPR 23 for any such modification to the Order, such application to be reserved to the Designated Civil Judge sitting as a Judge of the High Court.