LRH and another -v- ROH and another (anonymity order)
Case Number: QB-2022-MAN-000193
In the High Court of Justice
King’s Bench Division
Manchester District Registry
26 February 2025
Before:
His Honour Judge Bird
Between:
LRH
EAH (a child who proceeds by her Litigation Friend, JHH)
-v-
ROH
Cumbria County Council
Order
BEFORE His Honour Judge Bird sitting as a Judge of the High Court at the Manchester District Registry on 26th February 2025.
WARNING: you must comply with the terms imposed upon you by this Order: otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the Court before any deadline imposed upon you expires.
UPON HEARING Dr Nicholas Braslavsky KC, Leading Counsel for the Claimants and Zoe Earnshaw Counsel for the First Defendant.
AND UPON considering the Claimants’ application for an Anonymity Order in these proceedings.
(1) Consideration of the Article 8 rights of LRH and EAH to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants, along with the First Defendant, is necessary to secure the proper administration of justice and in order to protect the interests of LRH and EAH and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants 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 and CPR rules 5.4C, 5.4D and 39.2(4) WHEREAS for the purposes of this order:
(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT
1. The identity of the Claimants as a party to these proceedings is confidential and shall not be published.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 or address of the First or Second Claimant, the 3 Second Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings. The Claimants and the Second Claimant’s Litigation Friend 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 First Claimant shall be referred to as “LRH”
b. The Second Claimant shall be referred to as “EAH”
c. The Litigation Friend shall be referred to as “JHH”.
d. The First Defendant shall be referred to as “ROH”.
e. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. 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 subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.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 Claimants’ solicitor, trustee or deputy.
5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 19/03/2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26/02/2025 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.”
7. 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 7 days’ notice to the Claimants’ solicitor, trustee or deputy.
8. 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 (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
9. The costs of obtaining this order be costs in the case.