DTC and others -v- Jones Myers Family Law Solicitors (anonymity order)

County CourtAnonymity Order

Claim Number: K06LV199

In The County Court At Liverpool

5 October 2023

Before:
District Judge Jenkinson

Between:
DTC
SHP
OFP
-v-
Jones Myers Family Law Solicitors

Order

Before District Judge Jenkinson sitting at the County Court at Liverpool, Liverpool, Civil And Family Courts,
35 Vernon Street, Liverpool, L2 2BX.

UPON the application notice dated 2 October 2023 and the witness statement of Christopher James Saltrese dated 2 October 2023

AND UPON
(1) Consideration of the Article 8 rights of the Claimants 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 Claimants is necessary to secure the proper administration
of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public
interest in disclosure.
(3) The Defendant not indicating their position 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 The identity of the Claimants as parties to these proceedings is confidential and shall not be published.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 the Claimants, immediate family members, or any details (including other
    names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings. The Claimants 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 Claimants shall be referred to as “DTC”, “SHP”, “OFP”.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the
    identification of the Claimants (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) and 3(ii) 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 Claimants’ solicitor.
  5. The Claimants have permission to issue the Claim Form showing their solicitor’s address as the Claimants’
    address.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case
    on 4th October 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.”
  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 Claimants’ solicitor.
  8. The Claimants may amend the Claim Form as above which has been issued but not yet served on the Defendant.
  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.