LXO -v- London Borough of Lambeth (anonymity order)

High CourtKing's Bench DivisionPresident of the King’s Bench DivisionAnonymity Order

Claim Number: KB-2024-002600

In the High Court of Justice
King’s Bench Division

18 September 2024

Before:

Master Eastman

Between:

LXO (by her Litigation Friend QXS)

-v-

London Borough of Lambeth

Order

AND UPON the application notice dated

AND UPON:

  1. Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
  2. Consideration of the Claimant’s right to lifelong anonymity afforded to her by the Sexual Offences (Amendment) Act 1992. 
  3. It appearing that 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 Claimant and that there is no sufficient countervailing public interest in disclosure.

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:

  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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 Claimant, the 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 LXO 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 “LXO”.
ii) The Claimant’s sister and Litigation Friend shall be referred to as “QXS”
iii) The Claimant and her Litigation Friend shall state their addresses as “care of” the Claimant’s solicitor’s address
iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

4. So far as the claim form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at anytime does not comply with the above, the Claimant’s solicitor has leave to file with the court copies of such document adjusted so as to comply therein.  Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the court and/or on HMCTS e-filing service system marked as confidential.

5. 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 (iv) 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 Claimant’s solicitor, trustee or deputy.

6. The Claimant has permission to issue the claim form giving the address of her solicitors in place of her residential address.  A copy of the claim form with the Claimant and Defendant’s full name and address is to be placed on file and/or HMCTS e-filing system noted: and the originals are then to be retained by the court and/or on HMCTS e-filing service system marked as confidential.

7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 18.9.2024and 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.”

8. 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 Claimant’s solicitor, trustee or deputy.

9. 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.

10. The Claimant may waive their right to anonymity if they provide express consent in writing in accordance with the Sexual Offences (Amendment) Act 1992.

11. Costs in the case.