GUH -v- KYT (privacy order)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
24 JUNE 2021
THE HONOURABLE MR JUSTICE JACOBS
UPON an application by the Claimant dated 24 June 2021 (“the Application”)
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules, and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
AND UPON HEARING leading counsel for the Claimant,
AND UPON the Defendant not being represented or present, but having received notification of the listing of this application by WhatsApp at 12.23 today
IT IS ORDERED AS FOLLOWS ANONYMITY
1. Pursuant to section 6 HRA, and/or CPR 39.2 and CPR Part 16 the court being satisfied that it is strictly necessary:
(a) the Claimant (whose name and address are contained in confidential schedules 1 (name) and 2 (address) to this Order and in confidential schedules 1 (name) and 2 (address) to the Claim Form,) be permitted to issue these proceedings naming the Claimant as GUH and giving an address c/o the Claimant’s solicitor;
(b) the Claimant be permitted to issue these proceedings naming the Defendant (whose name is contained in confidential schedule 1 to this Order, and in confidential schedule 1 to the Claim Form, as KYT and without giving an address (the Defendant’s address being unknown).
(c) there be substituted for all purposes in these proceedings in place of references to the Claimant by name, and whether orally or in writing, references to the letters GUH;
(d) there be substituted for all purposes in these proceedings in place of references to the Defendant by name and whether orally or in writing, references to the letters KYT.
(e) That the original of any document disclosing the name or address of the Claimant or the Defendant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
(f) The Claimant may withhold confidential schedule 2 to the Claim Form and confidential schedule 2 to this Order, both of which contain the Claimant’s address, from the Defendant. If the Defendant wishes to obtain those confidential schedules she must make an application for permission on notice to the Claimant. ACCESS TO DOCUMENTS 2. Upon the Judge being satisfied that it is strictly necessary:
(i) no copies of the statements of case; and
(ii) no copies of the witness statements and any application notice or supporting documents will be provided to a non-party without further order of the Court.
3. Any non-party other than a person notified or served with this Order seeking access to, or copies of the abovementioned documents, must make an application to the Court, proper notice of which must be given to the other parties.
HEARING IN PRIVATE
4. The Judge considered that it was strictly necessary, pursuant to CPR 39.2(3)(a),(c) and (g), to order that the hearing of the Application be in private. REPORTING RESTRICTION
5. Pursuant to s.11 of the Contempt of Court Act 1981 it is ordered that there may be no reporting of the hearing of the Application.
6. Pursuant to s.11 of the Contempt of Court Act 1981 no report of these proceedings may identify the Claimant, whether directly or indirectly.
VARIATION AND DISCHARGE OF THIS ORDER
7. The parties or anyone affected by any of the restrictions in this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first give written notice to the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendant may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must be in writing. FILING AND SERVICE OF THIS ORDER
8. The Claimant do draw and file this Order and serve the same on the Defendant by 4pm on the day the Claimant received the sealed order from the court.
PUBLICATION ON JUDICIAL WEBSITE
9. A copy of this order shall be published on the Judicial Website of the High Court of Justice. PARTIES OTHER THAN THE CLAIMANT AND THE DEFENDANT EFFECT OF THIS ORDER
10. It is a contempt for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized. COSTS
11. The costs of the Application be in the case. NAME AND ADDRESS OF THE CLAIMANT’S LEGAL REPRESENTATIVES
12. The Claimant’s solicitors are:
Brett Wilson LLP, 35-37 St John’s Lane, London EC1M 4BJ COMMUNICATION WITH THE COURT
13. All communications to the Court about this Order should be sent to: Room WG08, Royal Courts of Justice, Strand, London, WC2AQ 2LL, quoting the case number. The telephone number is 020 7947 6010. The offices are open
between 10am and 4:30pm Monday to Friday.