KI -v- SC (anonymity order)
Claim No.: QB-2020-003278
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
3 February 2021
UPON reading the Claimant’s application notice dated 24 December 2020 and sealed 15 January 2021 and the witness statement of Sharon Lam in support dated 8 January 2021
AND UPON consideration of the parties’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON it appearing that the case is likely to attract publicity and that revealing the identity of the Claimant and the Defendant is likely to unfairly damage the interests of the parties and that accordingly, publication of details revealing the parties’ identity ought to be prohibited.
WHEREAS, pursuant to CPR Rule 39.2(4), the Court is satisfied that an Order in the terms below is necessary to protect the interests of the parties.
IT IS HEREBY ORDERED pursuant to Section 11 of the Contempt of Court Act 1981, CPR Rule 5.4 A to 5.4 D, and CPR Rule 39.2;
1. That the identity of the Claimant and of the Defendant be not disclosed.
2. There be substituted for all purposes of this case, in place of references to the
Claimant by name and whether orally or in writing, references to “KI”. Likewise the Defendant shall be referred to as “SC”.
3. That the Claimant and the Defendant be described in all Statement 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 “KI” and “SC” respectively.
4. That 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. That the address of the Defendant be stated in all Statements of Case and other documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
6. That in so far as necessary, any statement of case or other document disclosing the Claimant’s and Defendant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
7. That the original of any such document disclosing the name or address of the Claimant and Defendant is to be placed on the Court file marked “confidential: not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
8. A non-party may not, without permission of a Master, inspect or obtain any copy statement or case or document from the Court files unless it has been anonymised in accordance with this direction and there has been redacted any information which may identify the Claimant or the Defendant. Any application for such permission (ie to inspect or obtain non anonymised version) must be made on notice to the Claimant and the Defendant and in accordance with CPR Rule 5.4 C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
9. That reporting restrictions apply as to the disclosing of any information that may lead to these subsequent identification of the Claimant or Defendant. The publication of the name and address of the Claimant or Defendant or of any member of their immediate family is prohibited.
10. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12. Costs in the case.
13. A copy of this order be published on the website of the Judiciary of England and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity Orders” naming the Claimant as KI and the Defendant as SC respectively.