BXA -v- Director of Legal Aid Casework (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000992

In the High Court of Justice
King’s Bench Division
Administrative Court

16 May 2024

Before:

Kate Grange sitting as Deputy High Court Judge

Between:

The King on the application of
BXA

-v-

Director of Legal Aid Casework

Order

BEFORE Kate Grange sitting as Deputy High Court Judge

UPON the Defendant having confirmed on 4 April 2024 that the Defendant has now reconsidered its decision to grant ECF and that this grant of funding will be backdated to 18 May 2023

AND UPON the Defendant having issued an exceptional funding certificate on 11 April 2024 which grants funding for representation at the inquest backdated to 18 May 2023

AND UPON the court having granted anonymity pursuant to the Claimant’s application made within the claim form on the basis of the draft anonymity order submitted

IT IS HEREBY ORDERED BY CONSENT THAT:

  1. The application for judicial review stands as withdrawn.
  2. The Defendant shall pay the Claimant’s reasonable costs of this claim, to be assessed if not agreed.
  3. There be no order as to costs in respect of the Interested Party.
  4. The Defendant shall make a payment on account of the Claimant’s costs to the Claimant’s solicitors, Simpson Millar LLP, in the sum of £5,000 (five thousand pounds) by 1 May 2024.
  5. The Claimant’s publicly funded costs are to be subject to detailed assessment in accordance with the Civil Legal Aid (Costs) Regulations 2013.

Order

BEFORE Kate Grange KC sitting as a Deputy Judge of the High Court on 15 May 2024.

UPON consideration of the documents lodged by the Claimant and Defendant

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 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 (including the Claimant’s ex husband’s family or her deceased daughter), 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 BXA.
(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.

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 (ii) 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 Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 5 June 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.

6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15 May 2024 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.”

7. 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.

8. 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

9. The costs of obtaining this order be costs in the case.