JXH -v- The Vicar and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: QB-2021-003882

In the High Court of Justice
King’s Bench Divison

19 October 2023

Before:
Master Dagnall

Between:
JXH
-v-
The Vicar, Parochial Church Council And
Churchwardens Of The Parish Church Of Holocombe
Rogus

Order

UPON the Court having heard a Trial of this Claim on 5 and 6 June 2023 and having reserved judgment
AND UPON the Court hearing evidence from the Claimant and other witnesses and including those referred to below

AND UPON the Court having previously made an anonymity and reporting restrictions order in relation to the Claimant and so that they are known in this Claim as JXH

AND UPON the Court having previously made an anonymity and reporting restrictions order dated 6 June 2023 in relation to two witnesses (being “the Second Witness” and “the Third Witness”) and so that they are known in this Claim as “SPZ” and “SVZ” respectively

AND UPON references having made during the Trial to a Third Occupier (in addition to the Claimant and SPZ) of a cottage in Holcombe Regis during the history which is the subject-matter of the trial

AND UPON consideration of the Claimant’s and the Second Witness’ and the Third Witness’ and the Third Occupier’s Article 8 rights to respect for private and family life And of the Article 10 right to freedom of expression

AND UPON the Claimant having indicated their consent to the Order below and the Defendant having indicated their neutrality

AND UPON Court considering THAT:

  1. The action is one which is likely to attract significant media attention and publicity
  2. The action relates to matters which do or may attract statutory anonymity and provisions against publication of the identity or address/location of the Claimant and their family and the Second Witness and their family and the Third Witness and their family
  3. Publicity revealing the identity or address/location of the Third Occupier could unfairly damage the interests of the Claimant and their family and give rise to serious harm to the Claimant or their family
  4. Publicity revealing the identity or address/location of the Third Occupier could unfairly damage the interests of the Claimant and their family and give rise to serious harm to the Claimant or their family
  5. Publicity revealing the identity or address/location of the Third Occupier could unfairly damage the interests of the Second Witness and their family and give rise to serious harm to the Second Witness or their family
  6. Publicity revealing the identity or address/location of the Third Occupier could unfairly damage the interest of the Third Witness and their family and give rise to serious harm to the Third Witness or their family.
  7. Non-disclosure of the identity of and anonymity of the Third Occupier and of their family(ies) and of their addresses/locations is necessary in order to protect the interests of the Third Occupier and of the Claimant and of the Second Witness and of the Third Witness and to secure the proper administration of justice.
  8. The Third Occupier’s identity and their address/location ought to be withheld from the public and should not be published, and that the Court should allow these prohibitions and give consequential directions, and that such prohibitions are necessary to secure the proper administration of justice.
    AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and 39.2 and the inherent jurisdiction of the Court.
    IT IS ORDERED AND DIRECTED THAT:-
  9. The identity and the address/location of the Third Occupier and of their family be not disclosed or published without the permission of the court (other than as required for the purposes of the carrying on of this action).
  10. There be substituted for all purposes in this action in place of references to the Third Occupier by name, and whether orally or in writing, reference to the sequence of characters, SGZ and the Third Occupier shall 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 “SGZ”.
  11. The address of the Third Occupier be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  12. That insofar as necessary, any statement of case or other document disclosing the Third Occupier’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above (and in the meantime shall be kept confidential), and the Claimant’s solicitor shall file with the court such copies of such documents adjusted so as to comply therewith.
  13. The original of any such statement of case or other document disclosing the name or address/location of the Third Occupier (and in particular any Claim Form, or any statement of case, judgment, Order or other document to which anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the King’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
  14. Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the King’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Third Occupier and the Second Witness and the Third Witness and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
  15. The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Third Occupier. The publication of the name or address/location of the Third Occupier or of any member of their immediate family is prohibited.
  16. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  17. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Third Occupier shall be referred to as “SGZ”.
    10.Any costs relating to this Order are reserved.