CXR -v- Cook (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-001756

In the High Court of Justice
King’s Bench Division

15 July 2024

Before:
Mr Justice Soole

Between:

CXR
A Child (by his Litigation Friend, KXS)

-v-

Joanna Natalie Cook

Anonymity Order

BEFORE Mr Justice Soole on 15 July 2024.

UPON HEARING Counsel for the Claimant and Counsel for the Defendant.

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.

AND UPON the Court being satisfied pursuant to CPR.39.2(4) that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.

AND UPON the Defendant indicating neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to Section 6 of the Human Rights Act 1998 and CPR 5.4C, 5.4D and CPR 39.2(4) as follows:

WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in paragraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT

  1. The identity of the Claimant in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 5 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto, the Claimant and his Litigation Friend shall be referred to as CXR and KXS respectively. Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. There shall be substituted for all purposes in these proceedings, in place of references to the Claimant and his Litigation Friend by name, references to “CXR (a protected party)” and “KXS” respectively.
  5. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15 July 2024 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.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. Pursuant to the “Practice Guidance: Publication of Privacy and Anonymity Orders” issued by the Master of the Rolls on 17th 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 judicialwebupdates@judiciary.uk.
  9. The costs of obtaining this order be costs in the case.

Dated 15 July 2024