GBI -v- London Borough of Barnet (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-003504

In the High Court of Justice
King’s Bench Division

23 November 2023

Before:

Master Eastman

Between:

GBI (a minor via his litigation friend the Official Solicitor)

-v-

London Borough of Barnet

Order

BEFORE Master Eastman sitting at the High Court of Justice on 23rd of November 2023

UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 rights to freedom of expression

AND UPON 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 interest 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 and rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.

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 (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

BY CONSENT
IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  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 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 [GBI] as the Claimant in these proceedings. The Claimant 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 Claimant shall be referred to as “[GBI]”.
    (ii) 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) and (ii) 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, the Official Solicitor as the Claimant’s litigation friend in these proceedings, and the Claimant’s trustee or deputy.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23.11.2023 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.”
  6. 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, the Official Solicitor as the Claimant’s litigation friend in these proceedings and the Claimant’s trustee or deputy.
  7. 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.
  8. The costs of obtaining this order be costs in the case.