KGX and others -v- Royal Borough of Greenwich (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-003821

In The High Court Of Justice
King’s Bench Division

26 March 2024

Before:
Master Stevens

Between:
(1) KGX (by his Litigation Friend, The Official Solicitor)
(2) KHX (by his Litigation Friend, AHX)
(3) KGZ (by his Litigation Friend, The Official Solicitor)
– v –
Royal Borough of Greenwich

Anonymity Order

Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants. The publication of the names and addresses of the Claimants is prohibited.

UPON hearing Counsel for the Claimant (Mr Sam Jacobs) and Counsel for the Defendant (Mr Jack Harding) at an approval hearing on 25 March 2024 before Master Stevens on Teams, during which the agreed settlement in respect of KHX, the Second Claimant, was approved

AND UPON noting that the Court has now appointed a new Litigation Friend for the Second Claimant on 25 March 2024 for the purpose managing his funds in the Court Funds Office, with the Litigation Friend’s identity also to be protected and anonymised, and thus the Court requesting this updated Anonymity Order

AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and the Article 10 rights to freedom of expression.

AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants, and there being no representations from the press or any interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 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 subparagraph (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:-

  1. The identity of the Claimants as a party to these proceedings is confidential and shall not be published.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 Claimants 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 the Claimants in these proceedings. The Claimants and the Second Claimant’s Litigation Friend 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 First Claimant shall be referred to as “KGX”.
    (ii) The Second Claimant shall be referred to as “KHX”.
    (iii) The Third Claimant shall be referred to as “KGZ”,
    (iv) The Second Claimant’s Litigation Friend appointed on 25 March 2024 shall be referred to as “AHX”.
    (v) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (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 subparagraphs 3(i) to (iv) 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 Claimant’s solicitor, trustee or deputy.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 16 April 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 March 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.”
  7. 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 Claimant’s solicitor, trustee or deputy.
  8. 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.
  9. Costs in the case.