Moat Homes Limited -v- KI and TR (anonymity order)

County CourtAnonymity Order

Claim number: L00BN434

In the County Court at Horsham

27 February 2025

Before:

Deputy District Judge Hay

Between:

Moat Homes Limited

-v-

KI

and

TR

Order

Before Deputy District Judge Hay sitting at the County Court at Horsham, The Law Court, Hurst Road, Horsham, West Sussex, RH12 2EU.

UPON hearing counsel for the Claimant and counsel for the Defendants

AND UPON: –

  1. Review of the Defendants’ application dated 06 February 2025.
  2. Consideration of the rights, of the Defendants, the witnesses and others, under the European Convention on Human Rights (‘ECHR’), in particular the Defendants’ rights to respect for their private and family life under article 8, and the right to freedom of expression under article 10.
  3. It appearing that non-disclosure of the identity of the Defendants is necessary to protect the interests of the Defendants pending trial, in particular given their lack of capacity, and that there is no sufficient countervailing public interest in disclosure.
  4. The evidence against the Defendants as yet being untested.
  5. The Defendants relying in their resistance to the application upon allegations of racist and other anti-social behaviour being directed towards them by witnesses relied on by the Claimant, the reporting of which might have adverse effects upon those witnesses.
  6. 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 for the purposes of this order ‘publication’ (and likewise, mutatis mutandis, ‘publish’) 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; but it does not include the Claimant in the exercise of its tenancy management functions or for the purpose of this litigation where that publication is addressed to:

(i) any employee of the Claimant, (ii) witnesses in these proceedings, (iii) persons who make complaints about the First and/or Second Defendant, (iv) a police officer, (v) social services, (vi) officers of the Defendants’ local housing authority; (vii) the Claimant’s legal representatives; or (viii) the Defendants’ General Practitioners, or other medical professional engaged or potentially engaged in providing services for or in relation to the First and/ or Second Defendant.

IT IS ORDERED THAT

  1. The identity of the Defendants as parties to these proceedings shall not be published.
  2. Pursuant to CPR 39.2(4), there shall not be disclosed in any publication the name or address of the Defendants, the identity of the Defendants’ immediate family members, or any other details that are likely to lead to the identification of the Defendants as parties to these proceedings. The Defendants shall be referred to as set out below 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 First Defendant shall be referred to as “KI”.
    (ii) The Second Defendant shall be referred to as “TR”.
    (iii) Any other details which, on their own or together with other information publicly available, is likely to lead to the identification of the Defendants (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) Any application pursuant to CPR r.5.4C(1B) or (2) by a non-party to the proceedings for permission to inspect or obtain a copy of any other document or communication, shall be made on at least 7 days’ notice to the relevant Defendant’s solicitor.
  5. The Defendants shall, by 4pm 10 March 2025, re-file the Statements of Case in this case, anonymised in accordance with paragraph 3 above.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 24 February 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 each party’s solicitors.
  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. This Order shall remain in force until final hearing or further order, such continuation to be reviewed upon final determination of this case.
  10. Costs in the case.