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D -v- The Information Commissioner (anonymity order published under CPR 39.2(5)

Appeal No: C3/20l 9/0585

In the Court of Appeal
On appeal from the Upper Tribunal (Administrative Appeals Chamber)

24 May 2019



Lord Justice Singh




The Information Commissioner

The Appellant in this matter filed a Notice on 14 March 2019. A draft Order was attached, that in summary sought anonymity for the Appellant; for the hearing to be held in private; reporting restrictions to be in force and no inspection of documents by non-parties to the proceedings.
The Respondent was given the opportunity to make any written representations in response to the applications by 17 May 2019 but has not done so.

1. I grant the Appellant anonymity, to do otherwise would be to defeat the underlying purpose of this appeal. The Appellant shall be known in these proceedings as “D.” This is subject to any further order by the Full Court.
2. I direct that the determination of whether the hearing should be held in private be adjourned to be considered by the full Court.
3t In respect of reporting restrictions, by granting anonymity, the result is achieved for these purposes, a further direction is not required.
4. I make no direction in respect of non-parties inspecting documents. For a non-party to inspect the documents, an Application Notice would have to be received by the Civil Appeals Office and the matter be determined by a Lord/ Lady Justice. The Appellant would be entitled at that juncture to provide objections to such an application, if it were ever made. It would be appropriate to point out that any judgment or Order made in public, is available to the public.

Liberty to the Respondent to apply to vary or discharge this Order.
I direct that the time estimate in this matter is 1 day, no expedition is required.

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