KXB -v- Birmingham City Council (anonymity order)
Claim No.: QB-2021-000131
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
13 January 2021
Before:
Master Eastman
Between:
KXB
-v-
Birmingham City Council
Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant is prohibited.
UPON READING an Application Notice by the Claimant dated 12 January 2021
AND UPON consideration of the Claimant’s 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 Claimant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED: –
1. That the identity of the Claimant be not disclosed.
2. That the Claimant be described in all statements 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 KXB.
3. 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.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such names or addresses in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Master of the Queen’s Bench Division”.
6. That 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 Master or District Judge. 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 “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the names and addresses of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. That the Claimants do within 28 days of the date of this order draw and file this Order and serve the same on the Defendant.
9. That the Claimant do comply with rule 23.9(2) by service on the Defendant.
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. No order as to costs.