Claim No.: QB-2021-001399
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
26 April 2021
CX BX A Protected Party, By Her Father And Litigation Friend DX WX
UPON considering the Claimant’s application for anonymity
AND UPON hearing Mr Brindle counsel for the Claimant and Mr Lawson solicitor for the Defendant
WHEREAS pursuant to CPR 39.2(4), the Court is satisfied that an order to the terms below is necessary to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure of the Claimant’s identity.
AND UPON THE COURT concluding that non-disclosure of the Claimant’s identity is necessary in order to protect her interest
AND PURSUANT to s11 Contempt of Court Act 1981, s6 Human Rights Act 1998 and CPR Rule 5.4C to 5.4D and CPR Rule 39.2
IT IS ORDERED that
1. The Claimant and her father shall hereinafter be referred to in these proceedings, respectively, as ‘CX BX’ and ‘DX WX’.
2. Pursuant to CPR rule 39.2(4), there shall not be disclosed in any report of the proceedings or published in any newspaper or other media or other disclosure made, the name or address of the Claimant or of the Claimant’s parents or any details leading to the identification of the Claimant, and the Claimant and her father, if referred to, shall only be referred to as ‘CX BX’ and ‘DX WX’
3. Copies of the statements of case, judgments and orders are to be retained by the Court on HMCTS e-filing system (CE-file), marked “Confidential” and are not to be opened without the permission of a Master, District Judge of the Queen’s Bench Division or a High Court Judge.
4. Pursuant to CPR rule 5.4C a person who is not a party to these proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgement or order has been anonymised such that:
a. The Claimant and her father are referred to in those documents only as ‘CX BX’ and ‘DW WX’;
b. The address of the Claimant and her parents has been deleted from those documents; and
c. There has been redacted any information which might identify the Claimant or her father.
5. A person who is not a party to these proceedings may not inspect or obtain a copy of any other document from the court file without the permission of a Master, District Judge of the Queen’s Bench Division or High Court Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service.
6. The Court file shall be clearly marked as “Anonymised”.
7. Pursuant to the “Practice Guidance: Publication Privacy and Anonymity Orders” issued by the Master of the Rolls on 17 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 firstname.lastname@example.org.
8. Any party or person who is not a party to these proceedings may apply, without time restriction, on notice to all parties to have this Order set aside or varied.
9. For the avoidance of doubt, paragraphs 1 to 5 above shall not apply to the following, which do not constitute publications (providing always that proper steps are taken to protect the confidentially of information from being made public):
a. Communications between the Court Funds Office and the anonymised party, litigation friend or deputy in relation to the payment of money in the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b. Communications between the Court Funds Office, the claimant’s representatives, or any financial institutions concerned as to the receipt or investment of such money;
c. Records kept by the Court Funds Office, the claimant’s representatives or any financial institutions concerned as to the receipt or investment of the Claimant’s money;
d. Retention by the parties and/or their representatives of their unredacted files for the purposes of the continuing functions and obligations in relation to the proceedings.
10. The costs of the Claimant’s application be in the case