BXM -v- London Borough of Newham (anonymity order)

CivilCounty CourtAnonymity Order

Claim number: L04CL442

In the County Court at Central London

22 April 2025

Before:

District Judge Rippon

Between:

BXM
(by his L/F, the Official Solicitor)

-v-

London Borough of Newham

Order

Before District Judge Rippon sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL on 9 April 2025

UPON HEARING from Mr Greene for the Claimant during the hearing on 9 April 2025
AND UPON the Court considering the Claimant’s application for anonymity and the agreed consent order.
AND UPON consideration of the Claimant’s Article 8 right 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 Claimant is necessary in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
AND PURSUANT to section 39 Children and Young Persons Act 1933
WHEREAS for the purposes of this Order:
i. ‘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
ii. 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 and his carer shall be referred to as set out in paragraph 4 of this Order.
  3. 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 Litigation Friend that could lead to the identification of the Claimant in these proceedings.
  4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto: a. The Claimant shall be referred to as “BXM”
    b. The Claimant’s foster carer and litigation friend shall be referred to as “FXC”
  5. Pursuant to CPR Rule 5.4C a person who is not a party to the proceeding may obtain a copy of any statement of case, document to be filed or served in the proceedings, judgement, or order from the Court records only if any statement of case, document to be filed or served in the proceedings, judgement, or order has been anonymised such that:
    a. The Claimant is referred to in those documents as BXM and his foster carer and litigation friend as FXC.
    b. The address of the Claimant and his foster carer and litigation friend has been deleted from those documents.
    c. For the purpose of this claim, including any statement of case, document to be filed or served in the proceedings, judgement, order, the Claimant shall be known by the letters BXM and his foster carer and litigation friend as FXC.
  6. In so far as any statement of case, document to be filed or served in the proceedings, judgement or order to which anyone might have access pursuant to CPR Rule 5.4A – D does not comply with paragraph 5 above, the Claimant’s Solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  7. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  8. The provisions of this Order shall not apply to:-
    (i) Communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
    (ii) Communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    (iii) Records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
  9. The Claimant shall serve a sealed copy of the Order upon the Defendant.
  10. Any non-party affected by this Order may apply to have this Order set aside or varied, provided that any such application is made on 7 days’ notice to the Claimant’s solicitors at Leigh Day, Panagram, 27 Goswell Road, London, EC1M 7AJ and includes the reference KEE/00183173/1. Any valid notice served on the Claimant’s solicitors shall be served on the Defendant’s solicitors by the Claimant’s solicitors within 7 days of receipt. The Court will effect service of the application.
  11. 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 website of the Judiciary of England and Wales (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.

Dated 9 April 2025