DEF -v- JKL and MNO (anonymity order)
Claim No. QB-2020-001478
In the High Court of Justice
King’s Bench Division
22 February 2024
Before:
Master Thornett
Between:
1. DEF (a Protected Party by his Litigation Friend CHI)
-v-
1. JKL,
2. MNO
Order
UPON READING an application notice by the Claimant dated 4 August 2023
AND UPON CONSIDERING the matter upon the papers
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the balance required by Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect and promote the best interests of the Claimant whom it is noted proceeds by way of a Litigation Friend
AND UPON the Second 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 II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules and section 6 of the Human Rights Act 1988.
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 subparagraph (i) 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:-
1. That the identity of the parties to the proceedings shall be not disclosed.
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 DEF as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “DEF”.
(ii) The Litigation Friend shall be referred to as “GHI”.
(iii) The First Defendant shall be referred to as “JKL”
(iv) The Second Defendant shall be referred to as “MNO”
(v) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. That the address of the Claimant and of the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings, after the date of this sealed order, as the address of the Claimant’s solicitors.
5. That the address of the First or Second Defendant be stated in all statements of case and other documents to be filed or served in the proceedings, after the date of this sealed order, as the address of the Second Defendant’s solicitors.
6. Pursuant to CPR Rules 5.4C and 5.4D:
- 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 sub-paragraphs 3(i) to (v) above.
- 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.
7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on the 22nd February 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.”
8. 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.
9. 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.
10. The costs of obtaining this order be costs in the case.