JXH -v- The Vicar, Parochial Church Council And Churchwardens Of The Parish Church Of Holocombe Rogus (anonymity order)

High CourtKing's Bench DivisionAnonymity Order


Claim number: QB-2021-003882

In the High Court of Justice
King’s Bench Division

6 June 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 hearing a Trial of this Claim
AND UPON the Court hearing evidence from the Claimant and then the second witness (“the Second Witness”) called to give oral evidence by the Claimant and then the third witness (“the Third Witness”) called to give oral evidence by the Claimant and from the Defendant’s witnesses
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 consideration of the Claimant’s and the Second Witness’ and the Third Witness’ Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression
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 Second Witness could unfairly damage the interest of the Second Witness and their family and give rise to serious harm to the Second Witness or their family
  4. Publicity revealing the identity or address/location of the Third Witness 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.
  5. Non-disclosure of the identity of and anonymity of the Second Witness and of the Third Witness and of their family(ies) and of their addresses/locations is necessary in order to protect the interests of the Second Witness and of the Third Witness and to secure the proper administration of justice.
  6. The Second Witness’ and the Third Witness’ identities and addresses/locations ought to be withheld from the public and should not be published, and that the Court should allow these prohibitions and give consequential directions, and that such prohibitions are necessary to secure the proper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:-

  1. The identity and the address/location of the Second Witness and of the Third Witness and of their families 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).
  2. There be substituted for all purposes in this action in place of references to the Second Witness by name, and whether orally or in writing, reference to the sequence of characters, SPZ and the Second Witness 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 “SPZ”.
  3. The address of the Second Witness 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.
  4. There be substituted for all purposes in this action in place of references to the Third Witness by name, and whether orally or in writing, reference to the sequence of characters, SVZ and the Third Witness 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 “SVZ”.
  5. The address of the Third Witness 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.
  6. That insofar as necessary, any statement of case or other document disclosing the Second Witness’ or the Third Witness’ 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.
  7. The original of any such statement of case or other document disclosing the name or address/location of the Second Witness or the Third Witness (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”.
  8. 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 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”.
  9. The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Second Witness or the Third Witness. The publication of the name or address/location of the Second Witness or the Third Witness or of any member of their immediate families is prohibited.
  10. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  11. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Second Witness shall be referred to as SPZ and the Third Witness shall be referred to as SVZ.
  12. The costs of the Application are reserved.