KD – v – Philip Gaisford and Press Association (anonymity)
Claim No.: HQ17P03529
Court of Appeal
21 December 2020
Lord Justice McCombe
UPON considering the Claimant’s application, and for the following reasons.
1. That the allegations in this action are likely to attract publicity.
2. Publicity revealing the identity of the Claimant is likely to bring with it intrusions into the Claimant’s privacy.
3. The Claimant is entitled to life-time anonymity under S.1 Sexual Offences (Amendment) Act 2003 as a victim of sexual offending; and
4. in the circumstances of this claim
a. The Article 8 ECHR rights of the Claimant cannot be protected without restrictions on the article 10 rights of the public and press; however
b. The preceding factors made it necessary to give authority to the Claimant’s Article 8 rights.
c. The non-disclosure of the identity of the Claimant is necessary in order to protect the 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 5.4 A to 5.4 D of the Civil Procedure Rules, and the inherent jurisdiction of the Court.
IT IS ORDERED
1. That the identity of the Claimant not be disclosed.
2. That there must be substituted for all purposes in this continued action in place of reference to the Claimant whether orally or in writing, the Claimant be known as “KD”.
3. So far as the Claim Forms or any Judgment, Order or any documents to which anyone might have access pursuant to CPR rule 5.4 A to D or otherwise, at any time does not comply with 2 and 3 above, the Claimant’s Solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith, such copied 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 or Lady Justice or Master of the Rolls.
4. 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 or Lady Justice or Master of the Rolls. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked as private.
5. If a person who is 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 or Lady Justice to ensure that it complies with this order.
6. That reporting restrictions apply to as disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant and any photograph of the Claimant is prohibited.
7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
8. There is liberty to all parties to apply.