JVX -v- Essex County Council (anonymity order)
Claim number: KB-2023-004122
In the High Court of Justice
King’s Bench Division
25 October 2023
Before:
Master Eastman
Between:
JVX
-v-
Essex County Council
Order
UPON reading an application notice by the Claimant dated 23 October 2023 and upon:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the
Article 10 right to freedom of expression.
(2) 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 PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act
1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever
form (including internet and social media), which is addressed to the public at large or any section
of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived from a
previous stage or stages of these proceedings.
IT IS ORDERED THAT:
- The identity of the Claimant as a party to these proceedings is confidential and shall not be
published. - 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 or other immediate family members, or any
details (including other names, addresses, or a specific combination of facts) that could lead to the
identification the Claimant in these proceedings. The Claimant shall be referred to as set out at
paragraph 3 of this Order. - In any judgment or report of these proceedings, or other publication (by whatever medium) in
relation thereto, and in any statements of case filed or served in the proceedings:
(i) The Claimant shall be referred to as “JVX”.
(ii) That the address of the Claimant may be stated in all statements of case to be filed or
served in the proceedings as the address of the Claimant’s solicitors.
(iii) Any other details which, on their own or together with other information publicly
available, may lead to the identification of the Claimant (including any names of other
immediate family members or their addresses) shall be redacted before publication. - Pursuant to CPR Rules 5.4C and 5.4D:
(i) 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 3(i) to (iii) above.
(ii) 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. - The Court file shall be clearly marked with the words “An anonymity order was made in this case
on [insert the date of the Order] 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.” - 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. - 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 judicialwebupdates@judiciary.uk. - Costs in the case