DXL -v- The Ministry of Justice (anonymity order)
Case Number: E02CL727
In the County Court at
15 May 2023
Before Her Honour Judge Bloom
The Ministry of Justice
Before Her Honour Judge Bloom sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL on 15 May 2023
AND UPON HEARING Simon Readhead one of His Majesty’s Counsel, on behalf of the Claimant and Robert Kellar one of His Majesty’s Counsel, on behalf of the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression.
AND UPON it appearing that the case is likely to attract publicity and that revealing the identity of the Claimant is likely unfairly to damage the interests of the Claimant and that accordingly, publication of details revealing the Claimant’s identity ought to be prohibited and there being no overriding countervailing public interest requiring such disclosure.
AND PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR Rule 5.4A to 5.4D, CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED THAT:
- The identity of the Claimant as a party to these proceedings is protected and shall not be published.
- There be substituted for all purposes of this case, in place of references to the Claimant and whether orally or in writing, references to the letters “DXL”.
- So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
- Pursuant to CPR Rule 39(2) there shall not be disclosed in any report of these proceedings or publication the name or address of the Claimant or other immediate family members or any details that could lead to the identification of DXL as the Claimant in these proceedings.
- In any judgment or report of these proceedings:
a. the Claimant shall be referred to as “DXL”
b. any other details liable to lead to the identification of the Claimant shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
a. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment, order or other document from the Court records unless the statement of case, judgment, order or other document has been anonymised in accordance with subparagraphs 3(a) and (b) above.
b. 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 or deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15 May 2023 and any application by a non-party to inspect or obtain a copy document from the file must be dealt with in accordance with the terms of that Order”.
- The provision of this Order shall not apply –
a. to communications between the Court Funds Office and/or any Deputy or proposed Deputy and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office or any Deputy account for the benefit of the anonymised party or the investment or treatment of payment out of such money; to communications between the Court Funds Office and/or any Deputy and the anonymised party or Litigation Friend and any Deputy or financial institution concerned as to the receipt or investment of such money; or
b. to records kept by the Court Funds Office, the anonymised party, Litigation Friend or any Deputy or financial institution in relation to such money.
c. to retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings and/or the Claimant.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge the paragraphs of this Order, provided that any such application is made on notice to the Claimant’s solicitor or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- 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 (judiciary.uk). For this purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates.judiciary.uk.
- The costs of this Order be costs in the case.
Dated 15 May 2023