CEB -v- The Ministry Of Justice (anonymity order)
Claim No: G48YJ222
In the County Court at
Liverpool
Date: 17/02/2022
Before:
District Judge Jenkinson
Between:
CEB
-v-
THE MINISTRY OF JUSTICE
ORDER
District Judge Jenkinson sitting at Liverpool Civil and Family Court, 35 Vernon Street, Liverpool, L2 2BX
considered the papers in the case including the Application (“the Application”) of the Claimant/Applicant (“the
Claimant”) made by Notice of Application dated 7th December 2021.
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 the Court considering that:-
1. The action is one which is likely to attract significant media attention and
publicity _
2. The action relates to alleged sexual assaults where, at least if the matter were the subject of criminal proceedings,
the Claimant might be entitled to the protection of section 1 of the Sexual Offences (Amendment) Act 1992 and/or
the Sexual Offences Act 2003, and to matters which do or may attract statutory anonymity and provisions against
publication of .the identity or address/location of the Claimant. .
3. Publicity revealing the identity or address/location of the Claimant could unfairly damage the interests of the
Claimant and give rise to serious harm to her.
4. Non-disclosure of the identity of and anonymity of the Claimant and of her addresses/location is necessary in
order to protect the interests of the Claimant and to secure the proper administration of justice.
5. The Claimant’s identity and address/location ought to be withheld from the
public and should not be published, and that the Court should allow these
· prohibitions and give consequential directions, and that such prohibitions are
necessary to secure the proper administration of justice.
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human Rights Act, and Clvil
Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and 39.2.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant may be not
disclosed or published without the permission of the court.
2. There shall be substituted for all purposes in this case, in place of references to
the Claimant by name, and whether orally or in writing, reference to the
sequence of characters, CEB; and the Claimant shall be described in all
statements of case and other documents to be filed or served in the
proceedings and in any judgment or order in the proceedings and in any report
of the proceedings by the press or otherwise as “CEB”.
3. The address of the Claimant shall be stated in all statements of case and other
documents to be filed ·or served in the proceedings as the address of the
Claimant’s solicitors.
4. Insofar as necessary, any statement of case or other document disclosing
the Claimant’s name or address already filed in the proceedings shall be replaced by a document describing such
name or address in anonymised form as above (and in the meantime shall be kept confidential), and the Claimant’s
solicitor has permission to file with the court such copies of such documents
adjusted so as to comply with this.
5. The original of any such statement of case or other document disclosing the
name or address/location of the Claimant (and in particular any Application
Notice, or any statement of case, judgment, Order or other document to which
anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any
time) are to be retained by the Court in a sealed envelope, marked “Not to be
opened without the permission of a Judge or District Judge of the
County Court, or, if electronically filed or scanned, shall be placed
on the court file and marked .. confidential: not to be opened without the
permission of a Judge or District Judge of the County Court”.
6. Any person not a party to this action may not inspect or obtain a copy of any
document on or from the Court file (other than this order duly anonymised as
directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or
otherwise, without the permission of a Judge or District Judge of the
County Court. Any application for such permission must be made on notice to the Claimant ~nd the Court will
effect service.
7. The Court file is to be retained by the Court and marked “Anoriymised”.
8. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant. The publication of the
name or address/location of the Claimant is prohibited.
9. The Claimant must serve a copy of this Order and of the Notice of Application
upon the Defendant and otherwise comply with CPR Rule 23.9 within three days of service of this Order upon
the Claimant’s solicitors
10. The _Defendant may apply under CPR Rule 23.10 and CPR 3.3(5) to set aside
or vary this Order within seven days of service of it upon it.
11. Any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.
12. The Claimant has permission to apply to set aside or vary this order.
13. A copy of this Order shall be published on the judicial website specifying that the Claimant shall be referred
to as CEB.
14. Costs of the Application are costs in the case.