MAM -v- Robin Crispin Odey (anonymity order)
Claim Number: KB-2024-001151
In the High Court of Justice
King’s Bench Division
3 May 2024
Before:
Master Sullivan
Between:
MAM
-v-
Robin Crispin Odey
………………………………………………………………………………………………………………………………………………………………………………………..
ORDER
BEFORE Master Sullivan
UPON READING the Claim Form, the Claimant’s Application Notice dated 3 April
2024 and the witness statement of Ms Claire Glasgow
AND UPON 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 s.1 Sexual Offences (Amendment) Act 1992, 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. - 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.
AND UPON the Court being satisfied that:
- The Claimant alleges that offences to which the Sexual Offences
(Amendment) Act 1992 (as amended) applies have been committed against
her by the Defendant. - The Claimant has not waived her right to anonymity pursuant to s.1 of the
Sexual Offences (Amendment) Act 1992.
IT IS ORDERED THAT:
- The identity of the Claimant as a party to these proceedings is confidential and
shall not be published. - Pursuant to CPR Rule 39.2(4), there shall not be published or otherwise
disclosed in any report of these proceedings or other publication the name or
address of the Claimant or other immediate members of the Claimant’s family,
or any other details (including names, addresses, or a specific combination of
facts) that could lead to the subsequent identification of MAM as the Claimant
in these proceedings. There shall be no publication or other disclosure of any
other name, address or information tending to identify the Claimant. The
Claimant shall be referred to as set out at paragraph 3 of this Order and their
address shall be referred to as set out at paragraph 4 of this Order. - 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 ”MAM”
ii. 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. - There be substituted for all purposes in this action in place of reference to the
address of the Claimant, whether orally or in writing, reference to “c/o
Fieldfisher LLP, Riverbank House, 2 Swan Lane, EC4R 3TT”. - The Claimant’s solicitors to provide the Defendant with the name of the
Claimant in writing at the time of service of these proceedings. - Service of the Claim Form and the Particulars of Claim by the Claimant upon
the Defendant shall be accompanied by service of a copy of this Order, and
the Application Notice and witness statement which were filed in support of it. - The Claimant’s 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 28 days from date of this order, and re-filed in the event
that any statement of case is amended, within 21 days of such amendment
being approved. - 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 Claimant’s solicitor. - The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 3 May 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.” - 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. - 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 - Costs in the case.