John Oliver -v- Jaine Duffy (anonymity order)

High CourtKing's Bench DivisionMedia and Communications ListAnonymity Order

Case No: KB-2023-002483

In the High Court of Justice
King’s Bench Division
Media and Communications List
Manchester Civil Justice Centre

3 October 2024

Before:

Honourable Mrs Justice Hill DBE

Between:

John Oliver

-v-

Jaine Duffy

…………………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

…………………………………………………………………………………………………………………………………………………………………………………………………

UPON considering the Defendant’s application for anonymity in respect of her daughter made on 3 October 2024

PURSUANT TO section 11 of the Contempt of Court Act 1981 and Rule 39.2(4) of the Civil Procedure Rules

ANONYMITY ORDER made by the Honourable Mrs Justice Hill DBE

  1. Identification of the Defendant’s daughter in these proceedings is prohibited, pursuant to CPR r.39.2.
  2. To the extent necessary here be substituted for all purposes of this case, in place of references to the Defendant’s daughter by name, and whether orally or in writing, references to RXK.
  3. Pursuant to CPR Rules 5.4C and 5.4D 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 the direction above.
  4. The Court file shall be clearly noted with the words “An anonymity order was made in this case on 3 October 2024 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.”
  5. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Defendant’s daughter.
  6. Any non-party affected by this order may apply on notice to all parties to have the order set aside or varied.
  7. In accordance with the Practice Guidance: Publication of Privacy and Anonymity Orders 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 judicialwebupdates@judiciary.uk.
  8. Costs reserved.

Reasons

  1. This is a slander claim. The Defendant’s daughter is not a party to these proceedings. It may nevertheless be necessary to refer in the proceedings to certain private matters relating to her health. Publication of such personal information may be harmful to the Defendant’s daughter. Her rights under Article 8 are engaged. The case can accurately be reported by the media without the need to refer to the Defendant’s daughter identity.
  2. In all the circumstances I am satisfied that (i) anonymity is reasonable, necessary to protect the interests of the Defendant’s daughter (applying the approach set out by the Court of Appeal in XXX v Camden LBC [2020] EWCA Civ 1468), and proportionate; (ii) the limited intrusion into the open justice principle effected by such anonymity is justified; and (iii) having regard to the Article 10 rights of the media, there is insufficient countervailing public interest in disclosure of the identity of the Defendant’s daughter to justify interfering with her Article 8 rights by naming her.