JXZ -v- Ministry of Justice (anonymity order)
High CourtQueen's Bench DivisionAnonymity Order
Claim No.: QB-2022-001962
In the High Court of Justice
Queen’s Bench Division
6 July 2022
Ministry of Justice
UPON considering the proposed Claimant’s Application Notice dated 21 June 2022 and the witness statement of Dr Laura Janes dated 21 June 2022, and for the following reasons
- That the allegations in this action are likely to attract publicity;
- Publicity revealing the identity of the proposed Claimant is likely to bring with it intrusions into the proposed Claimant’s privacy;
- The proposed Claimant is entitled to life-time anonymity under s1 Sexual Offences (Amendment) Act 1992 as a victim of sexual offending; and
- In the circumstances of this claim
- The Article 8 ECHR rights of the proposed Claimant cannot be protected without restrictions on the Article 10 rights of the public and press;
- The preceding factors made it necessary to give authority to the proposed Claimant’s Article 8 rights
- The non-disclosure of the identity of the proposed Claimant is necessary in order to protect the proposed Claimant’s interests,
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4A to 5.4D of the Civil Procedure Rules, and the inherent jurisdiction of the Court
BY CONSENT, IT IS ORDERED that:
- The proposed Claimant’s identity must not be disclosed.
- That there must be substituted for all purposes in this action in place of reference to the Claimant by name whether orally or in writing, the Claimant be known as “JXZ”.
- The Claimant has permission to state her address on the claim form as c/o Scott-Moncrieff & Associates Ltd., Temple Chambers, 3-7 Temple Avenue, London EC4Y OHP (his solicitors).
- At the time of issuing the claim form the Proposed Claimant is to file a copy claim form which sets out the Proposed Claimant’s full name and address. This copy claim form (together with copies of this application form, this witness statement from Dr Laura Janes and this order), is to be kept on file in a sealed envelope marked “Not to be opened without permission of a Judge of the High Court” or similar electronic procedures.
- So far as the Claim Forms or any Judgment, Order or other documents to which anyone might have access pursuant to CPR rule 5.4A to D or otherwise at any time does not comply with 2 to 4 above, the proposed Claimant’s Solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith, such copies to be treated for all purposes as being in substitution for the relevant originals and the originals are to be retained by the Court in a sealed envelope marked not to be opened without leave of a Lord/Lady Justice and /or Master of the Rolls;
- A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Lord/Lady Justice and /or Master of the Rolls. Any application for such permission must be made on notice to the proposed Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Private”.
- If a person not a party to the action seeks a copy of any document pursuant to CPR Part 5.4 A to D, any such document for which permission is granted must before it is disclosed be referred to a Lord /Lady Justice to ensure that it complies with this Order.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the proposed Claimant. The publication of the name and address of the proposed Claimant and any photograph of the proposed Claimant is prohibited.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- There is liberty to all parties to apply.
- Costs in the case.