F -v- The Home Office (anonymity order)
Claim Number: QB-2017-001578
In The High Court Of Justice
King’s Bench Division
30 March 2023
Before:
Master McCloud
Between:
F (a protected party, by his litigation friend J)
-v-
The Home Office
Anonymity Order
UPON the Claimant’s application for anonymity dated 21 March 2023
AND UPON:
(1) The Court noting that the Defendant does not oppose anonymity provided that the Claimant bears his own costs of the application.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
WHEREAS:
(1) For the purposes of this order:
a. ‘Publication’ includes any speech, writing, broadcast or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
b. Publication for the purposes of this Order includes any further publication (as defined in subparagraph (a) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
a. Retention by all parties to the claim, their representatives and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
b. Communications between the Defendant, their legal and professional advisers, HMRC, DWP, the CRU or any other person required by law.
c. Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
d. Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
IT IS HEREBY ORDERED
- That the identity of the Claimant as a party to these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family
members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be
referred to as set out at paragraph 3 of this Order. - In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “F”.
(ii) The Litigation Friend shall be referred to as “J”.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication. - That so far as the Claim Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs (i) and (ii) above, the Claimant’s solicitors have leave to file with the Court, copies of such document adjusted so as to comply therewith; 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 leave of a Judge or Master of the Queen’s Bench Division”.
- The costs of this application are to be met by the Claimant.
- The Claimant’s legal aid costs to be assessed in line with the Civil Legal Aid (Costs) Regulations 2013 and CPR 47.18.