ESF -v- Associated Newspapers Limited (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-002511

In The High Court Of Justice
Kings Bench Division

7 June 2023

Before:
Master Dagnall

Between:
ESF (A Child by DSF Her Litigation Friend)
-v-
Associated Newspapers Limited

Anonymity Order

UPON APPLICATION by the Claimant for approval of a proposed child settlement date 26 July 2023 and an application seeking the anonymisation of the Claimant and associated derogations from open justice (“the Application”)

AND UPON the Defendant consenting upon being notified of the Application

AND UPON 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

AND WHEREAS pursuant to CPR 39.2(4) the Court is satisfied that nondisclosure of the identity of the Clamant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant

WITHOUT A HEARING IT IS ORDERED AND DIRECTED:

  1. Pursuant to CPR r. 39.2(4), the name and address of the Claimant are to be withheld from the public and are not to be disclosed, and there be substituted for all purposes in these proceedings in place of references
    to the Claimant and her Litigation Friend by name, and whether orally or in writing, references to “ESF” and “DSF” respectively.
  2. Pursuant to s.11 of the Contempt of Court Act 1981, there shall be no publication in any report of, or otherwise in connection with, these proceedings, of the identity of the Claimant, the identity of her litigation friend or other immediate family members or of any matter or combination of facts likely to lead to such identification (including but not limited to the name of the Claimant’s parents and/or the manner in which her father died).
  3. The Claimant be permitted to issue the Part 8 Claim in these proceedings for the purposes of the application for approval of the proposed settlement naming the Claimant as “ESF” and her Litigation Friend as “DSF” and giving an address c/o the Claimant’s solicitors.
  4. A copy of the Claim Form with the Claimant’s full name and address is to be placed on the court file marked: “Confidential: not to be opened without the permission of a Master or High Court Judge”.
  5. Pursuant to CPR 5.4C(4)(c) a non-party may only obtain from the Court records a copy of a statement of case, judgment or order in these proceedings if it has been edited in accordance with the directions in paragraph 1.
  6. Pursuant to CPR 5.4C(2) and (4)(d) any application by a non-party for permission to obtain any other document filed by a party from the Court records must be made by issuing an Application Notice seeking such permission on at least 7 days’ notice to the parties.
  7. The costs of the Application are costs in the case.
  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 website of the judiciary of England and Wales. In that order the Claimant shall be referred to as “ESF” and the Litigation Friend “DSF”.
  9. The Court will further consider this, and the continuance of this, Anonymity Order at the first hearing in this claim.