EXQ -v- Central Family Court (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000604
In the High Court of Justice
King’s Bench Division
Administrative Court
16 May 2024
Before:
The Honourable Mrs Justice Hill DBE
Between:
The King in the application of
EXQ
-v-
Central Family Court
and
SXQ
(Interested party)
Order
UPON the Claimant having issued a Part 8 claim sealed on 15 February 2024, and the same having been transferred to the Administrative Court by order of Master Gidden dated 19 February 2024
AND UPON the Claimant having issued an application sealed on 13 March 2024 Claimant for anonymity and various reasonable adjustments
AND UPON consideration of the documents lodged by the Claimant
AND UPON the court giving directions of its own motion
ORDER by the Honourable Mrs Justice Hill DBE
1. The Claimant’s Part 8 claim is to be treated as a Part 54 claim, within the Administrative Court (notwithstanding the Claimant’s reference to the Family Division).
2. The father of the Claimant’s child is joined as an Interested Party to these proceedings.
3. Within 14 days of the date of this order the Claimant shall file and serve a document clarifying the basis of her claim which (i) indicates which decision(s) of the Defendant she seeks to challenge; (ii) sets out the public law errors she contends have been made in the said decision(s); and (iii) explains whether there are any ongoing appeals before the High Court (Family Division) and if so the current status of those appeals.
4. The Claimant’s Part 8 Claim Form, her document entitled “Details of the claim” dated 10 February 2024 and the document served in accordance with [3] above shall stand as her Claim Form for the purposes of CPR 54.
5. The Claimant shall serve all the documents referred to in [4] above on the Defendant on the address below (the correct address for service on the Defendant in Administrative Court proceedings) and the Interested Party in accordance with CPR 54.7 within 14 days of the date of this order.
HM Courts and Tribunal Service
Operations Directorate
6.11, 102 Petty France
London SW1H 9AJ
Litigation_Team_C@Justice.gov.uk
6. Once the Defendant and Interested Party have filed Acknowledgements of Service in accordance with CPR 54.8, if so advised, the papers shall be placed before a judge of the Administrative Court for a decision on permission.
7. The Claimant, the Interested Party and their child are afforded anonymity by separate order of today’s date.
8. If this matter proceeds to a hearing of any kind, further directions with respect to the reasonable adjustments sought by the Claimant in her application should be given by the judge conducting the hearing, as considered appropriate.
9. As this order has been made by the court of its own motion without a hearing any party affected by it may apply to have it varied or set aside, on 7 days’ notice to the other parties, in accordance with CPR 23.9 and 23.10.
Reasons
1. By this claim the Claimant seeks a declaration that her human rights are being breached during private law proceedings in the Defendant court (case number ZC21P00514). It has not been possible to determine the stage those proceedings have reached, though it is noted that a hearing for March 2024 has been referred to. No application for urgent consideration or expedition has been made by the Claimant on the N463 form or otherwise.
2. The father of the Claimant’s child is an Interested Party in this claim for the purposes of CPR 54.1(f): he is the other party in case number ZC21P00514 and is directly affected by this claim.
3. This claim can proceed under CPR 54 without the need for the Claimant to prepare an entirely fresh claim form, but the claim does need clarifying, hence the order at [3] above.
4. It is necessary for the claim to be properly served. So far only the Defendant has been served and at an incorrect address. Under CPR 54.7 this would normally need to be done within 7 days of the claim being issued. I have allowed 14 days from the date of this order in light of the difficulties described by the Claimant in her application.
Order
On consideration of the documents lodged by the Claimant including an application for anonymity dated 12 February 2024
ORDER by the Honourable Mrs Justice Hill DBE
1. Pursuant to CRP 39.2(4), the identity of the Claimant, the Interested Party and their child shall not be disclosed directly or indirectly.
2. There must be substituted for all purposes in this claim in place of references to the Claimant by name, and whether orally or in writing, reference to “EXQ”.
3. There must be substituted for all purposes in this claim in place of references to the Interested Party by name, and whether orally or in writing, reference to “SXQ”.
4. There must be substituted for all purposes in this claim in place of references to the child of the Claimant and the Interested Party by name, and whether orally or in writing, reference to “RXQ”.
5. Pursuant to CPR 39.2(4) and s.11 of the Contempt of Court Act 1981, the publication or disclosure of the identity of the Claimant or of any material tending to identify the Claimant, the Interested Party and their child shall be prohibited.
6. Pursuant to CPR 4.5C(1) 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 in this case only if it has been anonymised.
7. Any application by a non-party for permission to obtain any other document from the court records in this case under CPR 4.5C(2) must be made on notice to the Claimant Any further document so provided must be anonymised in accordance with this order.
8. The court file shall be clearly marked with the words “An anonymity order was made in this case on 13 May 2024 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.”
9. Any non-party affected by this anonymity order may apply on 7 days’ notice to set it aside or vary it.
10. The costs of obtaining this order shall be costs in the case.
11. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders 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.
Reasons
1. By this claim the Claimant seeks a declaration that her human rights are being breached during private law proceedings in the Defendant court (case number ZC21P00514). Those proceedings involve a child and are being conducted in private. The Interested Party is the child’s father.
2. Having considered the Article 8 rights of the Claimant, the Interested Party and their child and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) nondisclosure of their identities is strictly necessary in order to secure the proper administration of justice and protect their interests; and (ii) there is insufficient countervailing public interest in disclosure of their identities to justify interfering with their Article 8 rights.
3. Furthermore anonymity of the child, the Claimant and the Interested Party is necessary to avoid undermining the privacy of case number ZC21P00514.