GJC -v- Telford and Wrekin Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-000189

In the High Court of Justice
King’s Bench Division

25 April 2024

Before:

Master Dagnall

Between:

GJC
(By his litigation friend MXK)

-v-

Telford and Wrekin Council

……………………………………………………………………………………………………………………………………………………………………………………….

ANONYMITY ORDER

BEFORE Master Dagnall sitting at the High Court in the Royal Courts of
Justice, Strand, London, by Microsoft Teams on 25 April 2024

AND UPON:

(1) Consideration of the Article 8 rights of the Claimant and of the litigation
friend 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 and of the
litigation friend is necessary to secure the proper administration of justice
and in order to protect the interests of the Claimant and of the litigation
friend 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 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 BY CONSENT THAT:

  1. The identity of the Claimant and of the litigation friend 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    proceedings is confidential and shall not be published.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, the Claimant’s 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 Claimant
    in these proceedings. The Claimant 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 Claimant shall be referred to as ‘GJC’.
    (ii) The litigation friend shall be referred to as ‘MXK’.
    (iii) 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 by 21 days from the date of the
    order and re-filed in the event that any statement of case is amended,
    within 21 days of such amendment being approved.
  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.