Claim No: QB-2009-000147
In the High Court of Justice
Queen’s Bench Division
3 May 2022
Deputy Master Bagot QC
KLM (A protected party by his Litigation friend The Office of the Official Solicitor)
BEFORE Deputy Master Bagot QC sitting in the Royal Courts of Justice, Strand, London on 21 April 2022
UPON HEARING Susan Rodway one of Her Majesty’s Counsel, on behalf of the Claimant and the Defendant not attending or being represented but expressing its neutrality as to the application in writing
AND UPON considering the witness statement in support of the application from Mrs Jacqueline Spinks dated 30 March 2022
AND UPON the Court not receiving any representations from the Press Association, which had been given notice of the application
AND UPON consideration of the parties’ Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the parties is likely unfairly to damage the interests of the parties and that, accordingly, publication of details revealing the parties’ identity ought to be prohibited
IT IS ORDERED that
1. Pursuant to Section 6 of the Human Rights Act 1988 and CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the parties or any details leading to the identification of the parties. The Claimant, if referred to, shall only be referred to as “KLM” and the Defendant if referred to, shall only be referred to as “PQR”.
2. Pursuant to CPR 5.4B to 5.4D, a person who is not a party to the proceedings may inspect and/or obtain a copy of the Statement of Case, Judgment or Order from the Court record only if the Statement of Case, Judgment or Order has been anonymised such that:
(a) The Claimant and the Defendant are referred to in those documents as “KLM” and “PQR” and
(b) The address of the Claimant and the Defendant has been redacted from those documents.
If a person who is not a party to the proceedings applies (pursuant to CPR Rule 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 or Deputy.
3. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 21 April 2022 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.”
4. 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 or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
5. Pursuant to the Master of the Rolls Practice Guidance: Publication of Privacy and Anonymity Orders, dated 16 April 2019, a copy of this Order is to be sent via email to the Judicial Office by a Court officer at firstname.lastname@example.org
6. Costs in the case.
7. The Defendant has 7 days from the date of this Order to apply to stay, vary or amend it.