Hall Brown Limited -v- D (anonymity order)
Claim Number: J03MA660
In the County Court at
Manchester
24 January 2023
Before:
Her Honour Judge Evans
Between:
Hall Brown Limited
-v-
D
WARNING: You must comply with the terms imposed upon you by this Order. Otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make a formal Application to the Court before any deadline imposed upon you expires.
Before Her Honour Judge Evans sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ hearing the trial of this matter from 16th to 19th January 2023
Anonymity Order UPON hearing counsel for the Claimant and the Defendant in person AND UPON it being recorded that:
(a) The claim is for solicitor’s fees relating to a family dispute involving arrangements for a child
(b) The allegations that form the material factual background to the claim include serious allegations against the Defendant’s former spouse who is not a party to these proceedings and so who has not been able to answer them
(c) The material factual background to the claim includes information about the Defendant’s private family life and that of the Defendant’s child
(d) The Defendant has an unusual name such that it would be easy to identify the former spouse and child even were their identities to be anonymised
(e) There is no general public interest in the identification of the Defendant and family
(f) In the circumstances of this claim, the Article 8 rights of the Defendant and the other persons referred to above cannot be protected without restrictions on the Article 10 rights of the public and the press, and the preceding factors make it necessary to give priority to the Article 8 rights of the Defendant and the other persons referred to above.
AND UPON the court therefore being satisfied pursuant to CPR r 39.2(4) that it is necessary to ensure that the identity of the Defendant, the Defendant’s former spouse and the Defendant’s child are not disclosed in order to ensure the proper administration of justice and protect their interests
IT IS ORDERED THAT
Warning: If you do not obey this order, you may be held in contempt of court and you may be imprisoned, fined or your assets may be seized
- The publication of any information likely to lead to the identification of the Defendant, the Defendant’s former spouse or the Defendant’s child is prohibited.
- This case shall be known as “Hall Brown Limited v D”. The Defendant shall be referred to as “D”. The Defendant’s former spouse shall be referred to as “F” and the Defendant’s child as “P”.
- 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 paragraphs 1 and 2 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 Defendant (whom the court shall serve with the application so that the Defendant’s address remains confidential). - The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19th January 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 parties.
- A copy of this order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r.39.2(5). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
Dated 19 January 2023