CJ and others -v- The Chief Constable of Wiltshire Police (anonymity order)

Court of Appeal Criminal DivisionAnonymity Order

Case number: CA-2022-001940

In the Court of Appeal
on appeal from the High Court of Justice, King’s Bench Division
QB-2022-001024

1 November 2023

Before:

Lord Justice William Davis

Between:

CJ
PJ (by their mother and litigation friend DJ)

OB
(by his mother and litigation friend NP)

HD and PD
(by their mother and litigation friend ED)

-v-

The Chief Constable of Wiltshire Police

Order

UPON reading the Claimants’ application notices dated 7 July 2023

AND UPON the court noting that the Claimants were granted anonymity in this matter previously before the High Court

AND UPON consideration of the Claimant’s Article 8 right to a private and family life

AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the Claimants identity would put them and their family at immediate risk of harm, public details revealing the Claimants’ identity ought to be
prohibited

AND PURSUANT TO s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimants be not disclosed.
  2. There be substituted for all purposes of his case, in place of references to the Claimants by name, and whether orally or in writing, reference to the letters “CJ”, “PJ”, “OB”, “HD” and “PD”
  3. There be substituted for all purposes of this case, in place of references to the litigation friends by name, and whether orally or in writing, reference to letters “DJ”, “NP” and “ED”.
  4. In so far as necessary, any statement of case or other document disclosing the Claimants’ name or address, or the names or addresses of any of the litigation friends, already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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”.
  6. 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 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 “Private”.
  7. A non-party may not obtain any copy statement of case or any other document from the court file unless it has been anonymised in accordance with this direction.
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or litigation friends. The publication of the names and addresses of the Claimants or of any member of the Claimants’ immediate family is prohibited.
  9. The Defendant may apply under rule 23.10 to have this Order set aside or varied.
  10. Any non-party affected by this order may apply on notice to set aside or vary this order.
  11. Costs in the case.