LMN -v- Waltham Forest London Borough Council (anonymity order)

County CourtHigh CourtAnonymity Order

Claim number: 058DC381

In the County Court at Liverpool

18 January 2024

Before:

District Judge Baldwin (by telephone) sitting in the Liverpool County Court

Between:

LMN
-v-
Waltham Forest London Borough Council

ANONYMITY ORDER

Before District Judge Baldwin (by telephone) sitting in the Liverpool County Court

Upon hearing counsel Mr Grover for the Claimant and counsel Mr Baki for the Defendant

And upon:

(1) Consideration of Section 1 of the Sexual Offences (Amendment) Act 1992.

(2) 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.

(3) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.

(4) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

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:

(1) For the purposes of this order:

(i) ‘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.

(ii) Publication for the purposes of this Order includes any further publication (as defined in sub-paragraph (i) above) from the date of this order, even if such information has been derived from a previous stage or stages of these proceedings.

(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, attorney, trustee and deputy.

(i) Communications between the Court Funds Office and the anonymised party 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.

(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.

(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.

(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.

(v) Communications between the Defendant, their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.

(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.

(vii) Communications for the purposes of obtaining medical care, advice or treatment for the anonymised party.

And further upon the Court recording in relation to costs budgeting:

(i) That there is no agreement between the parties as to incurred costs for either parties’ budget;

(ii) There are no comments by either party in relation to incurred costs;

(iii) That incurred costs have been taken into account in considering the reasonableness and proportionality of costs still to be incurred and arriving at any approved sum for the total budgeted costs of each phase;

(iv) The Claimant’s costs budget is approved as to estimated costs in the sum of £67,839.00;

(v) The Defendant’s costs budget is approved at to estimated costs in the sum of £86,362.00

IT IS ORDERED:

Anonymity of the Claimant

  1. The identity of the Claimant as a party to these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimant or other immediate family members, or any details (including other names, other addresses, the name of the school attended by the Claimant, the address of the school attended by the Claimant, or a specific combination of facts) that could lead to the identification of LMN as 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:

(i) The Claimant shall be referred to as LMN.

(ii) Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

  1. Insofar as is necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of any other immediate family members already filed in the proceedings shall be replaced by a document describing such name or address in an anonymised or redacted form as the case may be.
  2. The original of any such document is to be placed on the Court file in a sealed envelope marked “Not to be opened without the permission of a Judge or District Judge”.
  3. Pursuant to CPR Rules 5.4C and 5.4D:

(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with sub-paragraph 3(i) and 3(ii) above.

(ii) 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.

  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 4th January 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.”
  2. 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 such application is made on notice to the Claimant’s solicitor and that 7 days’ prior notice of the intention to make such an application is given.
  3. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th April 2019 a copy of this order 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 order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  4. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.

Allocation

  1. The claim shall be allocated to the Multi-Track.

Filing of Form H

  1. The parties shall by 4.00pm on 23rd January 2024 file at Court and serve upon each other copies of page one (the front sheet) of their Form H, reflecting the parties’ agreement to any budgeted costs phases and/or the Court’s approval of the budgeted costs phases following revisions, which agreement and/or approval is herebv recorded pursuant to r. 3.15(2)(a) and/or (b). Upon refiling, any Precedent H must be annexed to a copy of this Order, pursuant to r. 3.15(7)(b). Any party who does not comply with this order shall be deemed to have filed a form H limited to court fees.

Amendment of the Claim Form

  1. The Claimant shall have permission to amend the Claim Form to increase the value of the claim from up to £50,000.00 to up to £1,000,000.00 and the Claimant’s solicitors shall pay the additional Court fee due by 4.00pm on 23rd January 2024. Re-service of the Claim Form shall be dispensed with.

Alternative Dispute Resolution

  1. At all stages the parties must consider settling this litigation by any means of alternative dispute resolution (including mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reason within 21 days of that proposal; such witness statement must not be shown to the trial judge until questions of costs arise.
  2. Disclosure

Disclosure of documents shall be dealt with as follows:

(a) By 4.00pm on 15th February 2024 the parties shall give to each other standard disclosure of documents by list and category.

(b) By 4.00pm on 29th February 2024 any request must be made to inspect the original of, or to provide a copy of, a disclosable document.

(c) Any such request unless objected to must be complied with within 14 days of the request.

  1. Lay Witness Evidence

Evidence of fact shall be dealt with as follows:

(a) By 4.00pm on 25th April 2024 the parties shall serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence, including Civil Evidence Act notices.

(b) No party shall be entitled to rely upon the evidence of a witness whose statement has not been served in accordance with this order, or has been served late, except with permission from the Court.

(c) Evidence of fact is limited to 4 witnesses on behalf of each party.

(d) Witness statements must not exceed 10 pages of A4 in length save for the statement of the Claimant which shall not exceed 20 pages of A4 in length.

(e) Witness statements must be typed or printed in a font no smaller than 12 point and with 1½ or double spacing.

  1. Expert Evidence

Expert Evidence is directed as follows:

(a) The Claimant shall have permission to rely upon the written expert evidence of Dr Gibbons, Consultant Psychiatrist and Consultant Medical Psychotherapist, whose report dated 19th January 2023 was served on the Defendant on 5th April 2023.

(b) The Defendant shall have permission to rely upon the written expert evidence of Professor Gill Mezey, Consultant Psychiatrist, whose report shall be served by 4.00pm on 9th May 2024.

(c) Unless the reports are agreed, there shall be a without prejudice discussion between the experts in which the experts will identify the issues between them and reach agreement if possible. The experts shall prepare for the Court and sign a statement of the issues on which they agree and on which they disagree with a summary of their reasons in accordance with rule 35.12 Civil Procedure Rules and the statement shall be sent to the parties to be received by 4.00pm on 20th June 2024.

(d) A copy of this order must be served on the experts by the instructing party with the expert’s instructions.

(e) Any expert may apply direct to the Court for directions where necessary under Rule 35.14 Civil Procedure Rules.

Updated Schedules

  1. Any updating of Schedules of Loss shall be as follows:

(a) By 4.00pm on 20th April 2024 the Claimant shall serve any updated schedule of loss.

(b) By 4.00pm on 4th May 2024 the Defendant, in the event of any challenge, shall serve an updated counter-schedule of loss.

  1. Trial Window

The trial shall be listed as follows:

(a) The trial window shall be between 11th November 2024 and 17th January 2025 inclusive.

(b) The estimated length of trial is 3½ days including ½ a day reading time.

(c) By 4.00pm on 6th September 2024 pre-trial checklists must be sent to the court. Any application for permission to call oral expert evidence should be made by that date. Such application should specifically address whether, if oral evidence were allowed, the trial date or the length of trial would be affected.

(d) The parties shall (in good time prior to the sending to the court of pre-trial checklists) agree three alternative proposed fixtures within the trial window, convenient for all witnesses and counsel to attend the trial.

(e) The Claimant shall ensure that those proposed fixtures are sent to the court by the same time as the sending in of pre-trial checklists. The sending of lists of dates of individual availability is not acceptable and any party so doing will be treated as being in default of this order which may result in the claim being listed for hearing requiring attendance before the Designated Civil Judge for the provision of an explanation, at which time costs sanctions are likely to be imposed and the trial may be fixed for the convenience of the Court. In the event that dates cannot be agreed within the trial window, in the absence of good reason for such inability to agree, the trial will also be fixed for the convenience of the Court.

  1. Pre-Trial Review

Pre-trial directions shall be as follows:

(a) There shall be a pre-trial review in a window 4-6 weeks before the trial date before the trial judge if possible, but if not before a Circuit Judge with a time estimate of 1 hour.

(b) This should be attended by the advocates who are to represent the parties at the trial.

(c) Any request for the PTR to be conducted by way of a telephone hearing shall be made at least 7 days prior to the PTR.

(d) If the parties are in agreement that no further directions are required and have produced an agreed timetable for trial consistent with the current or any shorter estimated length of trial, they should write to the court, providing a copy of the agreed timetable and requesting that the PTR be vacated, to be received no later than 7 days before the PTR hearing.

(e) The Claimant shall lodge with the court no later than 2 days before the PTR a core paginated and indexed bundle containing:

(i) An uncontroversial case summary, limited to 250 words.

(ii) A list (agreed if possible) of matters to be considered at the PTR and the issues to be determined at trial;

(iii) Any further directions sought (agreed if possible);

(iv) An agreed trial timetable;

(v) All current pleadings, all orders made, all witness statements for trial (without exhibits), all expert reports (without exhibits) and any other documents to which the parties intend to refer at the PTR.

  1. Trial Directions

The trial directions shall be as follows:

(a) Not less than 14 days before trial, the parties must seek to agree and the Claimant must serve an indexed and paginated bundle of documents, which complies with the requirements of Rule 39.5 Civil Procedure Rules and Practice Direction 32 paragraph 27.

(b) Unless the court has specifically directed otherwise, the bundle shall be contained in A4 size ring binder(s) or lever arch file(s) each limited in total to no more than 350 sheets of A4 paper (copied double-sided unless the Court otherwise directs). If trial bundles are submitted in excess of this limit without the prior permission of the court, it is likely that the trial will be vacated and removed from the list. At any relisted hearing the costs consequences of such adjournment will be considered, including the possible making of a wasted costs order.

(c) The bundle shall include:

(i) An uncontroversial case summary, limited to 500 words;

(ii) A chronology;

(iii) A trial timetable.

(d) Any party who wishes to adduce CCTV, video or similar evidence at trial or any hearing shall inform the Court of this in writing at least 7 days prior to the trial or hearing, and at the same time send a copy of the disc (in a format that can be replayed by the Court’s equipment, namely DVD Region 2) to the Court, so that its compatibility with the Court’s equipment can be verified.

(e) Unless the Court confirms prior to the trial or hearing that the disc has been verified as compatible, that party shall attend the trial or hearing with a sufficient number of laptops or other devices that are compatible of viewing the CCTV, video or similar evidence.

(f) The parties shall exchange any skeleton arguments, which shall cross-refer to the bundle pagination, by email in time for inclusion within the bundle which shall be filed by the Claimant not more than 5 or less than 3 clear days before the trial.

  1. Costs
    Costs in case.