Claim No. QB-2021-003850
The High Court, Queen’s Bench Division
3 November 2021
Mr Justice Turner
Asghar Hussain Bostan
UPON READING an application notice by the Applicant dated 26 August 2021 and her affidavit sworn on 23 August 2021.
AND UPON HEARING Mr Shabbir Lakha counsel for the Applicant.
AND UPON consideration of the Applicant’s Article 3 right to be protected from inhuman and degrading treatment, her Article 6 right to a fair trial, her Article 8 right to respect for private and family life and the rights of others pursuant to Article 10 right to freedom of expression.
AND UPON non-disclosure of the identity of the Applicant being necessary in order to protect the interests of the Applicant.
AND UPON a hearing without notice to the Respondent, the Court having considered section 12(2) of the Human Rights Act 1998 and being satisfied that if it applies, there are compelling reasons for notice not being given.
AND PURSUANT to rules 5.4C, 5.4D, 23.9(2) and 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981.
IT IS ORDERED:
- That the identity of the Applicant not be disclosed.
- That the Applicant 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 “LIZ”.
- That the address of the Applicant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Applicant’s solicitors.
- That in so far as necessary, any statement of case or other document disclosing the Applicant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above or if it is a sworn affidavit then it should be redacted accordingly. Such replacement documents to be provided by the Applicant’s solicitor.
- That the original of any such document disclosing the name or address of the Applicant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
- The Court electronic file shall record that an anonymity order has been made in this case.
- 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 the Court. Any application for such permission must be made on at least 7 days’ notice to the Applicant and in accordance with CPR rule 5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Applicant. The publication of the name and address of the Applicant or of any member of the Applicant’s immediate family is prohibited.
- The provisions of this Order shall not apply:
- to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
- to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
- to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
- That the Applicant do within 7 days of the date of this Order draw and file this Order and upon the Order being sealed to serve the same as soon as practicable on the Respondent.
- That the Applicant do comply with rule 23.9(2) by service on the Respondent as soon as reasonably practicable.
- This order was made at a hearing without notice to the Respondent. The Respondent may apply under rule 23.10 to have this Order set aside or varied within 7 days after the date on which the Order was served.
- That any non-party affected by this Order may apply on at least 7 days’ notice to all parties to have this Order set aside or varied.
- A copy of this Order in its anonymised form 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 anonymised order by email to the Judicial Office at firstname.lastname@example.org.
- Costs reserved.