HHM -v- Derby City Council (anonymity order)
Case number: AC-2024-BHM-000314
In the High Court of Justice
King’s Bench Division
In the matter of an application for judicial review
7 January 2025
Before:
His Honour Judge Brian Rawlings
Between:
HHM
-v-
Derby City Council
Order
On an application by the Claimant for urgent consideration
Following consideration of the documents lodged by the Claimant
ORDER by His Honour Judge Rawlings:
- Anonymity:
(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:
(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
(ii) the Claimant is to be referred to orally and in writing as “HHM”.
(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.
(c) Pursuant to CPR 5.4C(4):
(i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
(d) Any person wishing to vary or discharge this Order must make an application, served on each party.
- Dispensing with Litigation Friend
Pursuant to CPR 21.2(3) the need for a Litigation Frien is dispensed with.
- Abridgement of time and expedition:
(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 21 January 2025.
(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 28 January 2025.
(c) The papers are to be referred to a judge for a decision whether to grant permission to apply for judicial review as soon as possible thereafter.
REASONS
Anonymity: It is the Claimant’s case that he is a child. If the Claimant is right in his contention then the Claimant’s private right to privacy outweighs any public interest in his name being disclosed. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
Dispensing with litigation friend: On the Claimant’s case he is 17 years old, his solicitors are content that he has sufficient understanding of these proceedings to not need the assistance of a litigation friend.
Abridgement of time/expedition: On the Claimant’s case he is a child who is being deprived of the services and support that he is entitled to from the Defendant. Permission should be decided on an expedited basis while giving the Defendant a fair opportunity to respond to the claim.
Signed: HHJ Brian Rawlings
Dated: 07/01/25