December 11, 2023

DWL -v- Bristol City Council (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2023-CDF-000101

In the High Court of Justice
King’s Bench Division Administrative Court

11 December 2023

Before:
The Honourable Mr Justice Eyre

Between:

DWL
(By his litigation friend MNP)

-v-
Bristol City Council

ANONYMITY ORDER

On an application by the Claimant for urgent consideration.

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Eyre

Pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order and until further order:
The Claimant shall hereinafter be referred to in these proceedings as “DWL” and his litigation friend shall be referred to as “MNP”.
There shall be substituted for all purposes of this case, in place of references to the names of the Claimant and his litigation friend, reference to “DWL” and “MNP” respectively;
There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or his litigation friend as being the Claimant or litigation friend in these proceedings;
In paragraph (c) “publication” means communication to the public or any section of the public whether by way of report of the proceedings or otherwise. It includes publication in a newspaper or broadcast, or on the internet, by any person;
The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;
Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (i) the Claimant and his litigation friend are referred to in those documents only as
“DWL” and “MNP” respectively; and (ii) any reference to the names of the Claimant or his litigation friend be deleted from those documents
Any application for permission to inspect or obtain a non- anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
The application for urgent consideration within the time frame set out in the application on form N463 filed on 7th December 2023 is refused.
The applications in this action and in claim no AC-2022-CDF-000089 shall be considered on paper by Mr Justice Eyre so as soon as is reasonably practicable consistent with the due prioritisation of other urgent court business.
Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

Reasons

I am satisfied that anonymisation of the Claimant and of his litigation friend is necessary in order to protect the interests of a child.
The application for urgent consideration seeks consideration of the matter within 24 hours of the making of the application but then says that the application for interim relief should be considered within 2 days and the grant of permission within 7 days.
No adequate explanation has been given for why this degree of urgency has been sought. The application for urgent consideration appears to have been triggered by the Defendant’s action in bringing proceedings in the Court of Protection.
Similarly, no adequate case has been set out for the urgent consideration of the application for interim relief.
However, it is appropriate for there to be timely consideration of the applications made in this matter together with that made in case no AC-2022-CDF-000089.
That consideration is to be made subject to the requirements of other pressing court business.
The order provides for all the outstanding matters to be addressed together and by the same judge.