FXH and another -v- The Commissioner of Police of the Metropolis (anonymity order)
Claim number: KB-2023-002493
In the High Court of Justice
King’s Bench Division
8 June 2023
Before:
Master Dagnall
Between:
FXH
and
BXH
-v-
The Commissioner of Police of the Metropolis
Order
UPON the Claimant’s ex parte application notice dated 26th May 2023
AND UPON reading the claim form herein:
(1) Consideration of the Article 8 rights of the Claimant’s to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant’s is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
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 purposes of this order:
(1) ‘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.
(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:
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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’s, 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 FXH and BXH as the Claimant’s in these proceedings. The Claimant’s 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’s shall be referred to as FXH and BXH
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant’s (including any names of other immediate family members or their addresses) shall be redacted before publication. - 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 (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) 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 Claimant’s solicitor, trustee or deputy. - The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7th June 2023 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.”
- 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 days’ notice to the Claimant’s solicitor, trustee or deputy.
- The costs of obtaining this order be costs in the case.
- This Order and its continuance shall be further considered at the first hearing in this claim.