GB and others -v- The Portsmouth Grammar School (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-001622

In the High Court of Justice
King’s Bench Division

17 October 2024
Order amended under CPR40.12 on 25th October 2024

Before:

Master Armstrong

Between:

(1) GB
(2) GSB
(3) NB

-v-

The Portsmouth Grammar School


Order

BEFORE master Armstrong sitting at the Royal Courts of Justice, King’s Bench Division, Strand, London, WC2A 2LL

Upon Hearing Counsel for the Claimants [should attendance at a hearing be directed]

And Upon the Claimants’ application notice dated 25th September  2024 and the witness statement of Solicitors dated 25th September  2024 without a hearing.

(1) Consideration of the Article 8 rights of the First Claimant 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 is necessary to secure the proper administration of justice and in order to protect the interests of the First Claimant and that there is no sufficient countervailing public interest in disclosure.

(3) There being no representations from the press or any other interested party at this time.

And Pursuant to section 6 of the Human Rights Act 1998 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:

  1. The identity of the First, Second and Third Claimant as parties to these proceedings is confidential and shall not be published or disclosed in any proceedings in open court.

2. 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 First Claimant, the Second Claimant and the Third Claimant 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 First Claimant in these proceedings. The Claimants shall be referred to as set out at paragraph 3 of this Order.

3. The claimants are permitted to issue these proceedings and 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 “GB”.

(ii) The Second Claimant shall be referred to as “GSB”.

(iii) The Third Claimant shall be referred to as “NB”.

(iv) 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.

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 (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.

5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above within 21 days from date of the order being sealed by the Court.

6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”

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 days’ notice to the Claimant’s solicitor, trustee or deputy.

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.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.

9. The costs of obtaining this order be costs in the case.