BCD -v- Simons Muirhead Burton LLP (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-001753

In the High Court of Justice
King’s Bench Division

24 February 2025

Before:

Master Yoxall
(sitting in retirement)

Between:

BCD

-v-

Simons Muirhead Burton LLP

Anonymity order

UPON HAVING heard the applications of the Claimant and the application of the Defendant on 15th January 2025

AND UPON the Master having reserved judgment with judgment to be formally handed down on 12th May 2025

AND UPON the parties having been sent a draft of the judgment on 11th February 2025

AND UPON the Master having considered various written representations made by the Claimant following the said hearing of the applications

AND UPON the Claimant’s application issued on 20th February 2025 for an order that [1] all future hearings, including the hearing for the formal handing down of the judgment, be held in private and [2] that the Master recuse himself

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 and personal safety of the Claimant and his family and that there is no sufficient countervailing public interest in disclosure.

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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 other 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 “BCD”.

(ii) 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.

  1. 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 unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3 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. The Court will effect service on the Claimant.

  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 24th February 2025 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.”
  2. 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. The Court will effect service if the applicant is not a party.
  3. 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.
  4. This order has no effect on the retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
  5. The Claimant’s application that the hearing for the handing down of judgment be held in private is refused. [See Master’s Note below].
  6. The Claimant’s application for the Master to recuse himself is refused. [See Master’s Note below].

Dated the 24th February 2025

Master’s Note

  1. The hearing for the handing down of my judgment will be limited in nature. The judgment itself will not be read out. The Claimant’s name will be anonymised in the judgment. The only consequential matters are in relation to costs and permission to appeal. I do not anticipate any need to refer to any sensitive or confidential material at the hearing.
  2. I consider that the terms of this anonymity order and the restrictions on third party access to the court file provide the Claimant with sufficient protection. In the circumstances, an order that the hearing for the handing down of my judgment be in private is not necessary and would be inconsistent with the principle of open justice.
  3. There are no grounds that I recuse myself. The Claimant’s application that I do so comes too late. Furthermore, no fair minded and informed observer would conclude that there was, or is, a real possibility of bias.
  4. There are no grounds for a rehearing of the parties’ applications.