JMX -v- Pembrokeshire County Council (anonymity)
Claim No. QB-2018-005101
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
13 October 2020
JMX, 2. EMX, 3. ELX by their litigation friend The Official Solicitor
Pembrokeshire County Council
UPON the Claimant’s Application Notice issued on
AND UPON consideration of the Claimants Article 8 right to respect for private and family life and the Article 10 right of freedom of expression.
AND UPON IT APPEARING the case is likely to attract publicity and that revealing the identity of the Claimants are likely to unfairly damage the interest of the Claimants and that, accordingly, publication of details revealing the Claimants identities ought to be prohibited.
AND PURSUANT to s.11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) ; and s.39 of the Children and Young Persons Act 1933
IT IS ORDERED that:
1. There be substituted for all purposes of this case, in place of references to the Claimants by name, and whether orally or in writing, references to the letters JMX, ELX and EMX.
2. To the extent necessary to protect the Claimants identities, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
3. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimants solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
4. A non-party may not inspect or obtain the copy of any document from the court file (other than this order – duly anonymised as directed) without the permission of a Master. Any application for such permission must be made on notice to the Claimants (the court will effect service). Such file is to be retained by the court and marked “PRIVATE”.
5. A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants. The publication of the names and addresses of the Claimants and their immediate families are prohibited.
7. The Claimants have permission to issue the claim form giving the address of their solicitors in place of their residential addresses. A copy of the claim form with the Claimants full names and addresses is to be placed on file in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
8. Any party or non-party affected by this order may apply on notice to set aside or vary this order.
9. Costs in the case.