MDH -v- Ministry of Justice (anonymity order)

County CourtAnonymity Order

Claim number: M00CL925

In the County Court at Central London

14 July 2025

Before:

His Hon Judge Dight CBE

Between:

MDH

-v-

Ministry of Justice

Order

Before His Honour Judge Dight CBE sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL on 11 July 2025.

UPON hearing Counsel for the Claimant and the Defendant not attending

UPON the Claimant’s application dated 12 March 2025 and the evidence in support namely a witness statement with exhibits and a further witness statement dated 16 May 2025

AND UPON the Defendant confirming that it is neutral as to this application and there being no representations from the press or any other interested party

AND UPON the Claimant having issued a claim against the Defendant arising out of her treatment at Prison A which is run by the Defendant

AND UPON consideration of the Claimant’s Article 3 right to be protected from inhuman and degrading treatment, her Article 8 right to respect for private and family life, and the rights of others pursuant to Article 10 right to freedom of expression

AND UPON it appearing at this stage that it is arguable that non-disclosure of the identity of the Claimant and Prison A at this stage is necessary in order to protect the interests of the Claimant which would otherwise be harmed and to secure the proper administration of justice and that there is no sufficient countervailing public interest in disclosure

AND PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998 and CPR 5.4C, 5.4D, 39.2(4) and 39.2(5)

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. Subject to paragraph 8 of this order and until the case and costs management hearing only, the Claimant is granted anonymity and her identity shall not be disclosed.
  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, 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 Claimant.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium and whether orally
    or in writing) in relation thereto:
    a. References to the Claimant’s name shall be replaced with “MDH”.
    b. References to the prison at which the treatment complained of took place shall be replaced with “Prison A”.
  4. The address of the Claimant shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  5. Pursuant to CPR 5.4C and 5.4D:
    a. 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 this order.
    b. A non-party may not inspect or obtain a copy of any document from the Court file without permission of the Court. Any such application for permission must be made on at least 14 days’ notice to the Claimant and the Court will effect service.
  6. To the extent necessary to protect the Claimant’s identity in the documents on the Court file in the event of an application under paragraph 5b, any references in such documents, whether to persons, places or otherwise, be anonymised appropriately, with permission to the parties to apply in default of agreement as to the manner of such anonymisation.
  7. The Court file shall be clearly marked to indicate that an anonymity order is in place.
  8. This Order shall be reviewed at the CCMC so that any further directions for anonymity, including the manner of any anonymisation, may be considered.
  9. A copy of this order shall be published on the website of the Judiciary of England and Wales. For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  10. A non-party affected by this order may apply on at least 7 days’ notice to all the parties to set aside or vary this order.
  11. No order as to costs.