JJX -v- Darcy (anonymity order)
High CourtQueen's Bench DivisionAnonymity Order
Claim Number: F90BM244
In the High Court of Justice
Queen’s Bench Division
16 September 2022
Her Honour Judge Kelly
JJX (By their Litigation Friend AAX)
Mr Lawrence Darcy
Before Her Honour Judge Kelly sitting at Birmingham District Registry, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.
UPON hearing Mr Henry Pitchers QC for the Claimant and Mr David Cunnington for the Defendant
AND WHEREAS the Claimant is a protected party and protected beneficiary and brings the claim by his Litigation Friend
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 to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party
AND PURSUANT to section 6 of the Human Rights Act 1988; section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules 39.2(4); 5.4C and 5.4D.
IT IS ORDERED THAT
1. That the identity of the Claimant and of the Litigation Friend in these proceedings is protected and shall not be published. For this purpose:
a. ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public.
b. publication of any name, address, picture, or other information that could lead to identification of the Claimant or his parents in these proceedings is prohibited.
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 follows:
a. The Claimant as “JJX”;
b. The Litigation Friend as “AAX”;
c. Any other details which, on their own or together with information publicly available, may lead to the identification of the Claimant and Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
3. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of JJX as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 2 of this Order.
4. Pursuant to CPR Rules 5.4C and 5.4D:
a. 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 subparagraphs 2(i) to (iii) above.
b. 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 Claimant’s solicitor, trustee or deputy.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 2 above by 4pm on 22 September 2022, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 1 September 2022 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.”
7. 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 Claimant’s solicitor, trustee or deputy.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at firstname.lastname@example.org.
9. The costs of obtaining this order shall be costs in the case.