KHI -v- Ministry of Justice (anonymity order)
Claim number: K00MY237
In the County Court at Central London
4 July 2024
Before:
His Honour Judge Saunders
Between:
KHI
-v-
Ministry of Justice
Anonymity order
Before His Honour Judge Saunders sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL on 4 July 2024
WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for personal injuries suffered by them arising out of the Defendant’s alleged negligence, and in respect of which proceedings were commenced by the Claimant against the Defendant in the County Court at Mayor’s and City of London on 28 March 2023
UPON hearing Ms Morris, Counsel for the Claimant, and Ms Saran, Counsel for the Defendant
AND UPON the Claimant’s application for anonymity which was heard in private pursuant to CPR 39.2
AND UPON consideration of the Claimant’s Article 2 rights to life, Article 3 rights relating to the prohibition of torture, inhuman and degrading treatment and punishment, Article 8 rights to respect for his private and family life and respect for his home and the Article 10 right to freedom of expression
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
IT IS ORDERED THAT
(1) The identity of the Claimant in these proceedings is protected and shall not be published.
(2) Pursuant to CPR Rule 39.2(4), there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant 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 Claimant in these proceedings. The Claimant and matters relevant to his potential identification 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) Claimant — KHI
(ii) The prison where the Claimant was subjected to his assault — LIO
(iii) The safer custody officer as referred to in the Witness Statement of Sebastian Del Monte — JLO
(iv) The Supervising Officer as referred to in the Witness Statement of Sebastian Del Monte — REZ
(v) The Custodial Officer as referred to in the Witness Statement of Sebastian Del Monte — PTF
(vi) To the extent necessary to protect the Claimant’s identity in the documents on the Court file, any other references in such documents, whether to persons, places or otherwise, be anonymised appropriately, with permission to the parties to apply in default of agreement as to the manner of such anonymization;
(vii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
(4) The address of the Claimant 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.
(5) So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to PR 5.4A-5.4D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document anonymised so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge”.
(6) Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment, or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (ii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5 .4C(l B) 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.
(7) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 4 July 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.”
(8) Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
(9) 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 website of the Judiciary of England and Wales (www.judiciary.uk). For that purpose, the court office will send a copy of the order by email in PDF format to the Judicial Office at judicialwebupdates@judiciary.uk.
(10) The Claimant shall file and serve Anonymised Particulars of Claim by 4.00pm on 18 July 2024.
(11) The Defendant shall file and serve Anonymised Defence within six weeks of receipt of the Claimant’s Particulars of Claim and in any event no later than 4.00pm on 29 August 2024.
(12) The Defendant shall pay 75% of the Claimant’s costs of and occasioned by the application dated 28 March 2024, such costs to be the subject of detailed assessment if not agreed.
(13) The remaining costs of and occasioned by the Claimant’s application dated 28 March 2024 are costs in the case.
(14) There be detailed assessment of the Claimant’s remaining legally aided costs of and occasioned by the application dated 28 March 2024 in accordance with the Civil Legal Aid (Costs) Regulations 2013 and CPR 4 7.18.
Dated 4 July 2024