Bank of Scotland Plc T/A Halifax -v- GJ (anonymity order)
Claim No. H0PP5564
In Liverpool County Court
22 July 2021
Deputy District Judge Ellis
Bank of Scotland Plc
– and –
Upon hearing an oral application from Mr Gaskell as Solicitor’s Agent for the Claimant and Mr Morley for the Defendant and the Defendant attending in person.
And upon consideration of the Defendant’s Article 8 right to respect for private and family life
And upon it being submitted on behalf of the parties that pursuant to CPR 39.2(3)(c) the hearing involved confidential information, including information pertaining to the Defendant’s personal financial matters as well as his duties in respect of him being the co-executor of the estate of a 3rd party
And upon the parties applying for the hearing to be in private or for reporting restrictions to be imposed to prevent the identification of the parties in public
And upon the court being of the opinion that the public disclosure of the Defendant’s personal financial affairs would inhibit his ability to disclose the full extent of his personal financial situation and may result in an order being made that might otherwise not be made, to the Defendant’s obvious detriment
And upon it appearing that non-disclosure of the identity of the Defendant was necessary to protect the interests of the Defendant and secure the proper administration of justice
And pursuant to rule 39.2(4) of the Civil Procedures Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
It is ordered:
- That the identity of the Defendant be not disclosed.
- That the Defendant be described in all statements of case and other documents to be filed or served in these proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “GJ”.
- That a non-party may not inspect or obtain a copy of any document on or from the court file without the permission of a District Judge. Any application for such permission must be made on notice to the Defendant, and the court will effect service. The file is to be retained by the court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Defendant. The publication of the Defendant’s name is prohibited.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.