EBS and AKW (interested party) -v- Degville (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-MAN-000249

In the High Court of Justice
King’s Bench Division
Manchester District Registry

26 October 2023

Before:
His Honour Judge Sephton KC

Between:
EBS
(By her Litigation Friend, AKW)
-v-
Aaron Degville


Anonymity Order

Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.

BEFORE His Honour Judge Sephton KC sitting as a Judge of the High Court

UPON HEARING Leading Counsel for the Claimant and Solicitor for 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 the Court being satisfied that an Order in the terms of paragraphs 1 to 7 below is necessary to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules

IT IS ORDERED THAT:

  1. The identity of the Claimant and Litigation Friend shall not be disclosed.
  2. The Claimant and Litigation Friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “EBS” and “AKW”
  3. The address of the Claimant and of the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. In so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. The original of any such document disclosing the name or address of the Claimant, Litigation Friend is to be placed on the Court file in a sealed envelope marked “Not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
  8. The provisions of this Order shall not apply:-
    (i) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
    (ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    (iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
  9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

DATED this 26th day of October 2023