FXF -v- David John Donovan and another (anonymity order)

Court of Appeal Civil DivisionAnonymity Order

Claim number: CA-2022-002220

In the Court of Appeal, Civil Division

21 June 2023

Before:

The Rt. Hon. Lady Justice Nicola Davies

Between:

FXF

-v-

David John Donovan, in his representative capacity on behalf of the Ishinryu Karate Association, and another

Order

ORDER made by the Rt. Hon. Lady Justice Nicola Davies
On consideration of the application by the Appellant for an anonymity order
And on consideration of the papers and without an oral hearing.

Decision

  1. Pursuant to section 11 Contempt of Court Act 1981, CPR 5.4C and 5.4D, CPR 39.2(4) and the inherent jurisdiction of the court, the application is granted.
  2. The appellant is to be referred to as “FXF” for all purposes in these proceedings, whether orally or in writing.
  3. Any other details leading to the identification of the appellant shall be redacted before publication.
  4. There be substituted for all purposes in this action in respect of the appellant’s address, the reference “c/o Leigh Day”.
  5. Pursuant to CPR 5.4C and 5.4D: a person who is not a party to the proceedings may not obtain a copy of any document from the Court records unless the same has been anonymised in accordance with paragraphs 2 – 4 above.

Reasons

  1. Non-disclosure of the appellant’s identity is necessary in order to protect their interests as contained within these proceedings is confidential information, publication of the appellant’s identity would undermine such confidentiality.
  2. The restriction on disclosure of the appellant’s identity is proportionate and enables the reporting of the legal issues in this case but without naming the appellant.

Notes

1) Where an application (other than an application for permission to appeal) has been refused on the papers, the applicant may request that the decision be reconsidered.
2) An application for reconsideration must be filed within 7 days after the party is served with notice of the decision.
3) The reconsideration will be determined by the same or another judge on paper without an oral hearing; except that the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing: see CPR 52.24.