CHA and another -v- PBB (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2020-004061
In the High Court of Justice
King’s Bench Division
6 February 2023
The Honourable Mrs Justice Thornton
BEFORE the Honourable Mrs Justice Thornton sitting at the Royal Courts of Justice, Strand, London, WC2A 2LL
UPON HEARING Counsel for the Claimant (Mr Craig Carr) and Counsel for the Defendant (Mr Toby Coupe)
AND UPON Counsel for the Claimant explaining to the Court that it is necessary to anonymise all parties, including the Defendant, due to the link between the deceased and the Defendant in media reports about the Defendant’s conviction for death by dangerous driving and due to the protected parties having the same surname as the deceased.
AND UPON The Defendant indicating neutrality to the making of an anonymity order and there being no representations from the press or any other interested party.
AND PURSUANT to the Article 8 rights of the Claimant and Dependants of the Deceased to respect for private and family life, and the Article 10 right to freedom of expression, and/or pursuant to CPR Rule 39.2(4) and section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D
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 BY CONSENT THAT:
- The identity of the parties to these proceedings is protected and shall not be published.
- 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 parties, the Claimants, the Deceased, the Deceased’s Dependants, or the Defendant, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants, the Defendant, the Deceased or dependents of the Deceased in these proceedings. The Claimants, the Deceased, the Deceased’s dependents and the Defendant shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant shall be referred to as CHA.
(ii) The Second Claimant shall be referred to as CHB.
(iii) The Deceased shall be referred to as SHA.
(iv) The Deceased’s Dependent daughter shall be referred to as KSA.
(v) The Deceased’s Dependant son shall be referred to as KSB.
(vi) The Defendant shall be referred to as PBB.
(vii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants, the Deceased, the dependants of the Deceased or the Defendant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(i)A person who is not a party to the proceedings may not inspect or 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 (vi) 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.
- 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 27 February 2023.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6th February 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.”
- 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
- 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 email@example.com.
- The costs of obtaining this order be costs in the case.
DATED this 6th day of February 2023