February 15, 2024

HB -v- East Sussex County Council (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Case number: AC-2023-LON-003458

In the High Court of Justice
King’s Bench Division
Administrative Court

15 February 2024

Before:

The Honourable Mr Justice Ritchie

Between:

The King on the application of
HB (by his litigation friend SK)

-v-

East Sussex County Council

Order

Before the Honourable Mr Justice Ritchie sitting at the Royal Courts of Justice, the Strand, London, WC2A 2LL on 7.2.2024.

WITHIN a claim for judicial review dated 20.11.2023.

UPON CONSIDERING an application for anonymity by the Claimant made within the claim form and the bundles filed herein.

AND UPON the Court noting that the Claimant is a protected party and is represented herein by the Litigation Friend.

AND UPON:
(a) consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(b) the Defendants indicating their consent to the making of the order;

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and the Litigation Friend 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.

NOW IT IS ORDERED THAT:

Identity and address

1. The identity of the Claimant and of the Litigation Friend shall not be disclosed.

2. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.

Documents filed in future

3. The names of Claimant and the Litigation Friend shall be described in all statements of case and other documents to be filed or served in the proceedings in future and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “HB” and “SK”.

4. The address of the Claimant and of the Litigation Friend shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

Court files

5. In so far as is or may in future become necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings shall be redacted or replaced by a document describing such name or address in anonymised form as above.

6. The Court File (whether on paper or digital) shall be marked:

“This file is subject to an Anonymity Order. All documents containing the name or personal details of the Claimant or the Litigation Friend are confidential and are not to be disclosed without the permission of a Master or High Court Judge”.

7. That a non-party may not inspect or obtain a copy of any document on or from the Court’s paper or digital files (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on 14 days notice to the Claimant’s solicitor or deputy and the Court will effect service.

Exceptions

8. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party or his/her Deputy or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office and/or the anonymised party or his/her Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party or his/her Deputy or Litigation Friend or any such financial institution in relation to such money.

Procedure

9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.