Bury Metropolitan Borough Council -v- ABC (anonymity order)
Claim number: J2PP2456
In the County Court at Manchester
23 May 2025
Before:
District Judge Lindsay Clarke
Between:
Bury Metropolitan Borough Council
-v-
ABC
(a Protected Party, by their Litigation Friend,
the Official Solicitor)
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 Lindsay Clarke sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 14 March 2025
UPON consideration of the Application made on behalf of the Defendant dated 28 February 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 and in order to protect the interests of the
Defendant and that there is no countervailing public interest in disclosure
AND UPON the Claimant confirming they have no objections to the application 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 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
IT IS ORDERED THAT:
- The identity of the Defendant as a protected party in these proceedings is confidential and, as it is necessary to protect the Defendant’s right to respect to a private life under Article 8 European Convention on Human Rights and Fundamental Freedoms, the Defendant’s identity 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 “ABC”; 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 14 March 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 ’s Solicitor ,the Official Solicitor as the Defendant’s Litigation Friend in these proceedings and any Trustee or Deputy of the Defendant.
- 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 e-mail to the Judicial Office at judicialwebupdates@judiciary.uk. - The costs of obtaining this order be costs in the case.
DATED: 14 March 2025