FFR and others -v- Newcastle City Council (anonymity order)
Claim Number: JOONE669
In the County Court at
Newcastle Upon Tyne
8 February 2023
Before:
District Judge Phillips
Between:
FFR (a Child by His Litigation Friend WRS)
YOE (a Child by Her by Litigation Friend WRS)
RQZ (a Child by Her Litigation Friend WRS)
-v-
Newcastle City Council
Anonymity Order
Before District Judge Phillips sitting at the County Court at Newcastle Upon Tyne, Newcastle Civil & Family Courts, And Tribunals Centre, Barras Bridge, Newcast le -upon – tyne, Tyne And Wear, NE! 8QF.
ANONYMITY ORDER
UPON HEARING Counsel for the Claimants and solicitor for the Defendant on 27 January 2023
AND UPON the Claimants application notice dated 23 August 2022
AND UPON:
(1) Consideration of the Article 8 rights of the Claimants to respect for private and family life, and Article I 0 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to Section 6 of the Human Rights Act 1998; Section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purpose of this order:
(1) ‘Publication ‘ includes any speech, writing, broadcast or any other communication in whatever form (including internet and social media ), whieh is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (I) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
1/ The identities of the Claimants as parties to these proceedings is confidential and shall not be pu blished .
2/ Pursuant to CPR Rule 39.2(4), there shall not bedisclosed in any report of these proceedings or other publication the name or address of the Claimants, the Claimants 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 Claimants in these proceedings. The Claimants and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3/ In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant shall be referred to as “FTR”.
(ii) The Second Claimant shall be referred to “YDE”.
(iii) The Third Claimant shall be referred to as “RQZ”.
(iv) The Litigation Friend shall be referred to as “WRS”.
(v) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
4/ Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (v) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C( I B) or (2) or otherwise) 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 Claimants solicitors.
5/ The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accorance with paragraph 3 above within 21 days of the date of this Order.
6/ The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 January 2023 and any request or 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”.
7/ Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 day’s notice to the Claiamnt’s solicitor.
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 Judicial Website of the High Court of Justice (www .judiciar y.uk). For that purpose, a court officer will send a copy of this Order by email to the Judicial Office at iu.d.icialwebuodates@ judiciar
9/ The costs of obtaining this order be costs in the case.