JWS -v- JZX (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-000293

In The High Court Of Justice
King’s Bench Division

22 April 2024

Before:
Master Stevens

Between:
JWS
– v –
JZX

Anonymity Order

UPON the claimant having issued a Claim Form on 22 January 2024.
AND UPON READING the defendant’s Application Notice dated 22 January 2024;
AND UPON READING the papers
AND UPON:
(1) Consideration of the Article 8 rights of the defendant 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 defendant is necessary to secure the proper administration of justice and in order to protect the interests of the defendant and that there is no sufficient countervailing public interest in disclosure.
(3) The claimant indicating her 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 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 sub-paragraph (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:

  1. The identity of the defendant as a party to these proceedings is confidential and shall not be published.
  2. 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 defendant 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 JZX as the defendant in these proceedings. The defendant shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The defendant shall be referred to as JZX.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the defendant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. 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 sub-paragraphs 3(i) to (ii) 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 defendant’s solicitor.
  5. The Court file shall be clearly marked with the words “An anonymity Order was made in this case on 22 April 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.”
  6. 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 defendant’s solicitor.
  7. 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.
  8. The costs of obtaining this Order be costs in the case.