DEF -v- RST University (anonymity order)

Administrative CourtHigh CourtAnonymity Order

Claim number: CO024882023

In the Administrative Court
of the High Court of Justice

26 July 2023

Before:

Deputy High Court Judge Dexter Dias KC

Between:

R on the application of
DEF

-v-

RST University

Order

UPON the Claimant on 5 July 2023 having issued (i) a protective claim for permission to judicially review a decision made by the Defendant on 4 April 2023 (the “Decision”) (the “Claim”), together with (ii) an application for an immediate stay of the Claim in circumstances where the Claimant has made and awaits the outcome of a complaint to the Office of the Independent Adjudicator (the “OIA”) (the “OIA complaint”) AND UPON the timescale for the outcome of the OIA complaint not being known.
AND UPON the Court making an anonymity order pursuant to r.39.2(4) and r.5.4(C) and (D) and s.6 Human Rights Act (read together with articles 8 and 10 of the ECHR) noting (1) the Sexual Offences (Amendment) Act 1992; (2) the judgment of Mr Southey QC (sitting as a deputy High Court Judge) in AB v. XYZ University considering consequential applications at [2020] EWHC 2980 paras 10-15; (3) the balance with the interests of transparency and freedom of expression.
AND UPON the parties’ consent dated 26 July 2023 to the terms of this Order.
IT IS ORDERED BY CONSENT that:

  1. The identities of the Claimant, the Defendant and the complainant will not be disclosed in respect of these proceedings or the events which gave rise to them and henceforth the parties shall be known as DEF and RST University and the complainant as MNO and information which may lead to their identification will not be disclosed.
  2. A person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the Court records only if the same has been anonymised and redacted in accordance with paragraph 1 of this Order and the parties’ addresses removed.
  3. If a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor.
  4. These proceedings are stayed from the date of this Order.
  5. Within 28 days of receipt by the Clamant of the outcome of the OIA complaint, the Claimant shall notify the Defendant if he intends to proceed with the Claim, and within 21 days of such notification from the Claimant, the Defendant shall provide its Letter of Response pursuant to the Pre-action Protocol for Judicial Review (and/or such other Protocol as the Defendant may consider, upon advice, to be necessary).
  6. Within 28 days of receipt by the Clamant of the Defendant’s Letter of Response, or if no such letter is received pursuant to paragraph 5 above, the Claimant may notify the Defendant if he intends to proceed with the Claim, and if so shall also write to the Court to confirm that intention and to request that the stay be lifted.
  7. The Defendant shall file an Acknowledgement of Service pursuant to CPR r. 54.8 within 21 days of the date upon which it is served with such notice as the Claimant may provide under paragraph 6 above.
  8. If the Claimant does not provide the Court and the Defendant with notice pursuant to paragraph 6 above, these proceedings shall remain stayed indefinitely with no further order being made.
  9. Without prejudice to paragraph [8] above, should notice be given pursuant to paragraph [6] above, the costs of this application shall fall to be in the case.
  10. Either party shall have liberty to apply.