Claim Number: QB-2018-000358
In the High Court of Justice
King’s Bench Division
30 May 2023
CJK (a Child By His Father And Litigation Friend, DXK)
Mr Samuel Pope
UPON the Claimant’s Application Notice issued on 16 May 2023
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimant and his Litigation Friend is likely unfairly to damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s and his Litigation Friend’s 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) and the inherent jurisdiction of the court.
IT IS ORDERED that
- The identity of the Claimant and his Litigation Friend may not be disclosed or published (which includes references to names and addresses).
- There be substituted for all purposes of this case (including statements of case, other documents filed or served in the proceedings and any judgement or order in the proceedings and any report of the proceedings by the press or otherwise), in place of references to the Claimant and his Litigation Friend and whether orally or in writing, references to the letters ‘CJK’ and ‘DXK’ respectively.
- The address of the Claimant and his Litigation Friend shall be stated in all statements of case and other documents filed or served in the proceedings as the address of the Claimant’s solicitors.
- To the extent necessary to protect the Claimant’s identity and his Litigation Friend’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
- Insofar as necessary, the original of any document disclosing the name or address of those referred to in paragraph 1 above already filed in the proceedings shall be replaced by the Claimant’s solicitors describing such name and address in anonymised form as above.
- The original of any document referred to in paragraph 5 is to be placed on the Court file and / or on HMCTS e-filing service system and noted that they should: “not be opened or accessed without the permission of a Judge or Master of the King’s Bench Division”.
- A non-party may not inspect or obtain any 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 High Court 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 shall be clearly marked with the words, “An Anonymity Order was made in this case on 30 May 2023 and any application by a non-party to inspect or obtain a copy of a document from this file must be dealt with in accordance with the terms of that Order.”.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. The publication of the name and / or address of the Claimant is prohibited.
- Any party affected by this Order may apply on notice without restriction of time for an order varying or setting aside this Order.
- Costs in the case.
- A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as ‘CJK’ and his Litigation Friend shall be described as ‘DXK’.
1 The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.