Mrs MH -v- Mr Andrew Gilpin (anonymity order)
Claim number: L00CF245
In the County Court at Cardiff
9 April 2024
Before:
His Honour Judge Harrison
Between:
Mrs MH (protected party by Lit Friend Mr MH)
-v-
Mr Andrew Gilpin
Order
Before His Honour Judge Harrison sitting at the County Court at Cardiff, Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET.
UPON HEARING Counsel for the Claimant and upon there being no attendance by the Defendant. AND
UPON considering the Claimant’s application dated 18 March 2024
AND UPON
- 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.
- 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 interest of the Claimant and that there is no countervailing public interest in disclosure.
- The Defendant indicating its neutrality to the making of the order and 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 purpose 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,
IT IS ORDERED THAT
(i) The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
(ii) Pursuant to CPR Part 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 of his Litigation Friend or any details leading to their identification and, if referred to, the Claimant and his Litigation Friend shall respectively be referred to in these proceedings as MH and Mr MH.
(iii) Pursuant to CPR Part 5.4(c) and 5.4 (d) a person who is not party to these 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 such that, the Claimant and her Litigation Friend are respectively referred to as MH and Mr MH and the address of each has been deleted from those documents.
(iv) 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.
(v) 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 (iii) above by 4pm 30 April 2024.
(vi) The court file shall be clearly marked with the words “An anonymity order was made in this case on 27 March 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”.
(vii) 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.
(viii) Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th 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 office will send a copy of the order by e-mail to the Judicial Office at judicialwebupdates@judiciary.uk
(ix) There shall be permission to apply in respect of this Order.
(x) The costs of obtaining this order be costs in the case.