DEF -v- ABC (anonymity order)
Claim No: QB-2018-004996
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 23/02/2022
Before:
HIS HONOUR JUDGE LEWIS
Between:
DEF
[A Protected Party and Protected Beneficiary within the meaning of
the Mental Capacity Act 2005) through his Litigation Friend,
XYZ)
-v-
ABC
ORDER
BEFORE HIS HONOUR JUDGE LEWIS sitting as a Judge of the High Court at the Royal Court of Justice on the 23rd February 2022
UPON HEARING John Ross of Her Majesty’s Counsel for the Claimant and Patrick Blakesley of Her Majesty’s Counsel for the Defendants by Microsoft Teams video call (pursuant to CPR Practice Direction 51Y)
AND UPON the Claimant’s Litigation Friend, XYZ attending by Microsoft Teams video call (pursuant to CPR Practice Direction 51Y)
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 IT APPEARING that non-disclosure of the identity of the Claimant, his Litigation Friend and the Defendant is necessary in order to protect the interests of the Claimant
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED:-
1. That the identity of the Claimant, the Litigation Friend and the Defendant are protected and shall not be published.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, the name or address of the Claimant, the Litigation Friend and the Defendant, or any details that could lead to the identification of the Defendant. The Claimant, Litigation Friend and Defendant shall be referred to as set out in paragraph 3 of this order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “DEF”
b. The Litigation Friend shall be referred to as “XYZ”
c. The Defendant shall be referred to as “ABC”
4. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Judge, Master or District Judge of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant, and the Court will effect service.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23 February 2022 and any application by a non-party to inspect or obtain any copy document from this file must be dealt with in accordance with the terms of that order.”
6. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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.