DFE and other -v- JKL and other (anonymity order)
Claim Number: FD22F00040
In The High Court Of Justice
Family Division
30 June 2023
Before:
Judge Pemberton
Between:
DFE, GHI (a child by his Litigation Friend, DFE)
-v-
JKL, MNO (a child by her Litigation Friend PQR)
Anonymity Order
BEFORE HER HONOUR JUDGE PEMBERTON SITTING IN THE HIGH COURT OF THE FAMILY DIVISION ON 21 JUNE 2023 AT A HYBRID HEARING BOTH IN PERSON AND VIA VIDEO LINK
UPON HEARING the following Counsel: Miranda Allardice (for the First Claimant DFE), Tomos Rees (for the Second Claimant GHI) and Alex Troup KC (for the Second Defendant MNO)
AND UPON the First Defendant (JKL) acting in person for the purposes of the Hearing and attending the hearing via video link together with her McKenzie Friend (STU)
AND UPON the Second Defendant’s Litigation Friend PQR attending the Hearing via video link
AND UPON the application notice dated 12 June 2023:
(1) Consideration of the Article 8 rights of First and Second Claimant and the First and Second Defendant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the First and Second Claimant, and the First and Second Defendant is necessary to secure the proper administration of justice and in order to protect the interests of the Second Claimant and Second Defendant, (both of whom are minors) and that there is no sufficient countervailing public interest in disclosure.
(3) The First Defendant indicating her 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; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
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 THAT:
1. The identity of the First and Second Claimants, the First Defendant, the Second Defendant and her Litigation Friend, (collectively “the Parties”) who are parties to these proceedings is confidential 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:
(i) the First Claimant, either in her personal capacity or as the litigation friend of the Second Claimant:
(ii) the Second Claimant:
(iii) the First Defendant:
(iv) the First Defendant’s McKenzie Friend;
(v) the Second Defendant:
(vi) the Second Defendant’s Litigation Friend.
3. Nor should there be disclosed any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Parties listed at paragraph 2(i) to (vi).
4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant and in her capacity as Litigation Friend shall be referred to as
(ii) “DFE”
(ii) The Second Claimant shall be referred to as “GHI”
(iii) The First Defendant shall be referred to as “JKL”
(iv) The First Defendant’s McKenzie Friend shall be referred to as “STU”
(v) The Second Defendant shall be referred to as “MNO”
(vi) The Second Defendant’s Litigation Friend shall be referred to as “PQR”
5. Any other details which, on their own or together with other information publicly available, may lead to the identification of any of the Parties (including any names of other immediate family members or their addresses) shall be redacted before publication.
6. 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 Claim Form, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with paragraphs 2,3, 4 and 5.
(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 respective solicitors of the Second Claimant, and the Second Defendant.
7. The Claimants’ solicitor shall file with the Court a copy of the Claim Form and the Order of 21 June 2023 that has been anonymised in accordance with paragraphs 2,3,4 and 5 by 5 July 2023.
8. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 21 June 2023 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.”
9. 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.
10. 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.
11. The costs of obtaining this order be costs in the case.