LJJ -v- Layton & Co, Solicitors (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-CDF-000101

In the High Court of Justice
King’s Bench Division
Cardiff District Registry

19 December 2024

Before:

Sir Peter Lane,
sitting as a High Court Judge

Between:

LJJ
(a protected party acting by her litigation friend, Richard Locke)

-v-

Layton & Co, Solicitors

Order

UPON hearing Leading Counsel Michael Pooles KC for the Claimant and Counsel Anna Symington for the Defendant

AND UPON consideration of the Article 8 rights of the Claimant to respect for private and family life and the Article 10 rights to freedom of expression;

AND UPON it appearing that the non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the vulnerable Claimant and that there is no sufficient countervailing public interest in disclosure;

AND UPON the Defendant indicating its neutrality to the making of the Order;

AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981 and CPR Rules 5.4C, 5.4D and 39.2 (4),

WHEREAS for the purposes of this Order “publication” includes any speech, writing, broadcast, or other communication in whatever form (including Internet and social media) which is addressed to the public at large or any section of the public. This is to exclude publication within the proposed contribution proceedings against Ian Murphy KC (deceased) and/or James Jenkins of counsel (the barristers).

IT IS ORDERED THAT:

  1. The Identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. There shall not be disclosed in any report of these proceedings, or other publication, the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members of the Claimant or any details which could lend to the identification of the Claimant in these proceedings. The Claimant 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:
    (a) The Claimant shall be referred to as “LJJ”.
    (b) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D
    (a) A person who is not a party to the proceedings may not obtain a copy of a judgment or order from the Court records unless the same has been anonymized in accordance with this Order.
    (b) If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any document or communication from the Court such application shall only be made on at least 7 days’ notice to the Claimant’s solicitor and Deputy.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19 December 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”.
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order provided that any application is made on 7 days’ notice to the Claimant’s solicitor and Deputy.
  7. 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 Judicial Website of the High Court of Justice. For that purpose a court officer will send a copy of this Order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

Dated 19 December 2024