CS1 -v- Secretary of State for The Home Department (anonymity)
Claim No. QB-2017-006803
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
2 October 2020
CS1, 2. AB2, 3. CD3 (a child by their litigation friend CS1), 4. EF4 (a child by their litigation friend CS1), 5.GH5 (a child by their litigation friend CS1)
– v –
Secretary of State for The Home Department, 2. The Home Office
FURTHER TO the Consent Order agreed between the parties on 15 July 2020 and the agreed directions for anonymity filed on 1 March 2018; and FURTHER TO applications made by Counsel for the Claimant at the approval and directions hearing before Master Davison on 30 September 2020;
IT IS ORDERED THAT:
1. The Claimants in this matter are entitled to anonymity and there must be substituted for all purposes in this action in place of references to the Claimants by name, and whether orally or in writing, reference to “CS1” (for the First Claimant), “AB2” (for the Second Claimant), “CD3” (for the Third Claimant), “EF4” (for the Fourth Claimant) and “GH5” (for the Fifth Claimant).
2. Any non-party may not inspect or obtain the copy of any document from the Court file (other than this Order – duly anonymised) without the permission of the Court. Any application for such permission must be made on notice to the Claimants.
3. A non-party may not obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
4. Pursuant to CPR 39.2(4) the publication or disclosure of the identity of the Claimants or of any material tending to identify the Claimants shall be prohibited;
5. Any non-party affected by this Anonymity Order may apply on notice to set aside or vary it. Settlement
6. The Third, Fourth and Fifth Claimants may each accept the sum of £11,000 (eleven thousand pounds) in satisfaction of the claim, to a total £33,000 (thirty-three thousand pounds).
7. The Defendant is to pay the sum of £11,000 (eleven thousand pounds) for each of the Third, Fourth and Fifth Claimants (totalling £33,000) into the Court Funds Office on or before 14 October 2020, to be accumulated in the Special Investment Account pending further order.
8. If the Defendant fails to pay the said sum into court by the date ordered, the Defendant shall also pay into court such further sum as the Court Funds Office shall certify as being the amount lost by the Claimant by the late payment, forthwith upon service of such certificates.
9. The funds are to be paid to each child on majority as they may request.
10. The Defendant is to pay the Third, Fourth and Fifth Claimants’ reasonable costs, to be assessed if not agreed, the Claimants’ solicitors and counsel waiving any claim to further costs payable in respect of the Third, Fourth and Fifth Claimants payable under the legal aid fund.
11. Upon payment of the sums and costs referred to above, the Defendant be discharged from further liability in respect of all claims made by the Claimants against her in these proceedings.
12. All further proceedings be stayed except that either party has permission to apply to the court for the purpose of carrying this order into effect.