BRX -v- Cumbria County Council (anonymity order)

County CourtAnonymity Order

Claim number: K80MA013

In the County Court at Manchester

14 July 2023

Before:

District Judge Davies

Between:

BRX (A child proceeding by their LF JRX)

-v-

Cumbria County Council

Order

WARNING: you must comply with the terms imposed upon you by this Order: otherwise your case is liable
to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal
application to the Court before any deadline imposed upon you expires.

Before District Judge Davies sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street
West, Manchester, M60 9DJ.

UPON reading an application notice by the Claimant dated 18 January 2023 and further evidence provided at the
hearing on 13 July 2023 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; section 11 of the Contempt of Court Act 1981;
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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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, the Claimant’s Litigation Friend or other immediate family members, or any
    details (including other names, addresses, or a specific combination of facts) that could lead to the identification
    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,
    and in all statements of case filed or served in the proceedings:
    (i) The Claimant shall be referred to as “BRX”
    (ii) The Claimant’s Litigation Friend appointed on 13 July 2023 shall be referred to as “JRX”
    (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 Court file shall be clearly marked with the words “An anonymity order was made in this case on 13 July
    2023 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.”
  6. 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.
  7. 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.
  8. Costs in the case