DPX -v- The Scout Association (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2025-000364

In the High Court of Justice
King’s Bench Division

7 February 2025

Before:

Master Dagnall

Between:

DPX

-v-

The Scout Association

Anonymity order

BEFORE Master Dagnall sitting at the Royal Courts of Justice

UPON the Claimant’s Application dated 31 January 2025

AND UPON
(1) It appearing that the claim relates to alleged sexual assaults upon the Claimant when a child and that the Claimant is or may be entitled to statutory anonymity
(2) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(3) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and to secure the interests of the administration of justice and that there is no sufficient countervailing public interest in disclosure
(4) Consideration of the decision in PMC v A Local Health Board [2024] EWHC 2969 and which is understood to be the subject-matter of an appeal to the Court of Appeal.
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.

AND WITHOUT A HEARING OR SEEKING REPRESENTATIONS; IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. There shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant 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 the Claimant in these proceedings. The Claimant 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 “DPX”.
    (ii) 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. 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 statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (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 Claimant’s solicitor, trustee or deputy.
  5. In the event that any statement of case is filed referring to the Claimant’s name as anything other than “DPX”, the Claimant’s solicitor is to file with the Court an electronic (PDF) version of that statement of case that has been anonymised, within 21 days of that statement of case being filed.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7 February 2025 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.”
  7. 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. Any such application may be made before or after the decision in any appeal in PMC v A Local Health Board
  8. 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.
  9. This Order shall be further considered at the first hearing of this claim.
  10. The costs of obtaining this order be costs in the claim.

Dated this 7th day of February 2025