CLD -v- The Home Office Defendant (anonymity)
Claim No. QB-2020-003539
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
9 October 2020
Before:
Master Brown
Between:
Anonymised Party CLD Claimant
-v-
The Home Office Defendant
UPON the Claimant’s Application Notice
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 the case is likely to attract publicity and that revealing the identity of the Claimant is likely to unfairly damage the interest of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited.
AND PURSUANT TO S11 Contempt of Court Act 1981 and CPR Rule 5.4 (a) to 5.4 (d) and CPR Rule 39.2(4)
IT IS ORDERED THAT
1. There be substituted for all purposes of this case, in place of references to the Claimant by name, and whether orally or in writing, reference to the letters “CLD”;
2. To the extent necessary to protect the Claimant’s identity, any other
references, whether to persons or otherwise, be adjusted appropriately with permission to the parties to apply in default of agreement as to the manner of such adjustments;
3. So far as the Claim Form, or any judgment or Order, or any other document which anyone might have access pursuant to CPR Rule
5.4 A – 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 therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals. The non-anonymised version of the Claim Form be placed on the CE-file and marked “confidential“and is not to be opened without the permission of a Master or High Court Judge”.
4. A non-party may not inspect or obtain the copy of any document from the Court file (other than this Order – duly anonymised as directed) without the permission of the Master. 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 “Confidential”.
5. A non-party may not obtain any copy Statement of Case or other document from the Court unless it has been edited (anonymised) in accordance with this direction.
6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the party;
7. The Claimant has permission to issue the Claim Form giving the address of her solicitors in place of her residential address. A copy of the Claim Form with the Claimant’s full name and address is to be placed the CE- file and marked “confidential” and is not to be opened without the permission of a Master or High Court Judge.
8. Any party or non-party affected by this Order may apply on notice to set aside or vary this Order.