MOXE and others -v- Cardiff Council (anonymity order)
Claim No: QB-2021-002768
In the High Court of Justice
Queen’s Bench Division
16 July 2021
Before:
Master Eastman
Between:
MOXE (a protected party by their Litigation friend the Official Solicitor)
and
MAXE (a child by their litigation friend the Official Solicitor)
-v-
Cardiff Council
ORDER
UPON READING an application notice by the Claimants dated 16 July 2021
AND UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is necessary in order to protect the interests of the Claimants.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:
1. That the identity of the Claimants be not disclosed.
2. That the Claimants be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “MOXE” and “MAXE”
3. That the address of the Claimants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimants’ name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the
Claimants is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants. The publication of the name and address of the Claimants or of any member of the Claimants’ immediate family is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. That the Claimants do draw and file this Order and serve the same on the Defendant within 7 days of the date of this Order.
10. That the Claimants do comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
12. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
13. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the First Claimant shall be referred to as MOXE and the Second Claimant shall be referred to as MAXE.
14. Costs in the case