Claim No QB-2018-00569
In the High Court of Justice
Queen’s Bench Division
15 April 2020
JJJ (A protected party who proceeds by his Litigation Friend MMM)
UPON READING an application notice by the Claimant dated 19 February 2020
AND UPON HEARING Richard Wilkinson, Counsel for the Claimant and Rhiannon Jones QC, Leading Counsel for the Defendant
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 to secure the proper administration of justice.
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 the Claimant’s particular condition meaning that he would be vulnerable in his community were his identity as the protected party herein be publicly known, and the Court, having invited submissions from the Defendant and received no objections, being satisfied that there is no public interest in disclosure that outweighs the need for anonymity, the Court has determined that it would be proportionate to order that the Claimant and his Litigation Friend shall be referred to herein and for the purposes of these proceedings only by the initials as set out in the heading of this order save for the purposes of any necessary confidential communications between the parties’ legal advisors and/or the court.
AND UPON a copy of the court’s order being published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk). Any person who is not a party to the proceedings may apply to set aside or vary the order.
IT IS ORDERED:
1. That the identity of the Claimant and of the litigation friend be not disclosed.
2. That the Claimant and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “JJJ” and “MMM”.
3. That the address of the Claimant and of the litigation friend 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.
4. That the original of any such document disclosing the name or address of the Claimant or of the litigation friend 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” or if filed electronically shall be marked “Confidential not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
5. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or High Court Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or 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.
7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.