Birmingham City Council -v- NJM (anonymity order)
Claim number: K2PP0725
In the County Court at Birmingham
21 October 2025
Before:
District Judge Shaw
Between:
Birmingham City Council
(Claimant)
-v-
NJM
(Defendant, a protected party)
Order
Before District Judge Shaw sitting at the County Court at Birmingham, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.
UPON hearing Counsel, Ms Talbot, for the Claimant and Counsel, Mr Jones, for the Defendant.
AND UPON consideration of the Application made on behalf of the Defendant dated 10 September 2025.
AND UPON consideration of the Article 8 rights of the Defendant to respect for private and family life, and the Article 10 right to freedom of expression.
AND UPON it appearing that non-disclosure of the identity of the Defendant is necessary to secure the proper administration of justice, in order to protect the interests of the Defendant as a vulnerable protected party and to prevent the disclosure of strictly personal private information concerning the protected party in which there is no countervailing public interest in disclosure.
AND UPON the Claimant indicating its neutrality as to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to the common law, Section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and rules 5.4D; and 39.2(4) of the Civil Procedure Rules (‘CPR’).
WHEREAS for the purposes of this Order:
(a) ‘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; and
(b) Publication for the purpose of this Order includes any further publication (as defined in (a) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings
(c) For the avoidance of doubt “Publication” does not include:
(i) disclosure of information by the Claimant to its own officers for the purpose of the exercise of its statutory and contractual functions (not being the public or a section of the public) provided that disclosure is kept confidential; (ii) disclosure of information concerning the identity, circumstances and address of the Defendant to third parties necessary for the performance of the Claimant’s statutory and contractual functions. Such disclosure shall be accompanied by a copy of this order if it relates to these proceedings.
IT IS ORDERED THAT
- The identity of the Defendant a protected party in these proceedings is confidential and, as it is necessary, inter alia, to protect the Defendant’s rights to respect to a private life under Article 8 European Convention on Human Rights and Fundamental Freedoms, shall be withheld in the course of these proceedings from the public.
- Pursuant to Rule 39.2(4) of the CPR, there shall not be disclosed in any report of these proceedings or other publication the name or address of the Defendant, 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 Defendant in these proceedings. The Defendant shall be referred to as set out at paragraph 3(i) of this Order.
- In any Judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto: (i) The Defendant shall be referred to as “NJM”; and
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Defendant (including any names of other immediate family members or their addresses) shall be redacted before publication - Pursuant to Rule 5.4D of the CPR:
(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 paragraph 3 above; and
(ii) If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any other document or communication, such Application shall be on at least 14 days’ notice to the Claimant’s Solicitor; the Defendant’s Solicitor; and the Official Solicitor as the Defendant’s Litigation Friend in these proceedings. - The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on 13 October 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”.
- 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 in writing to the Defendant’s Solicitor and the Official Solicitor as the Defendant’s Litigation Friend in these proceedings.
- Pursuant to CPR 39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales (www.judiciary.co.uk. For that purpose, a Court Officer will send a copy of the Order by e-mail to the Judicial Office at judicialwebupdates@judiciary.uk.
- The costs of obtaining this order be costs in the case.
Dated 13 October 2025