MS A -v- Hill (anonymity order)
Claim Number: J85MB148
In the County Court at
Manchester
15 February 2023
Before:
District Judge Ranson
Between:
MS A
-v-
Michael Robert Hill
Anonymity Order
Before District Judge Ranson sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ.
Upon determining the application without a hearing.
And upon consideration of the application notice dated the 31st January 2023
And upon consideration of section 1 of the Sexual Offences (Amendment) Act 1992.
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 CPR rules 5.4C, 5.4D and 39.2(4) 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 purposes 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- The identity of the claimant as a party to these proceeding shall not be disclosed.
2- Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the claimant, immediate family members, or any details (including other names, addressed, or a specific combination of facts) that could lead to the identification of the claimant in these proceedings. The claimant shall be referred to as set out 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 claimant shall be referred to and described as “Ms A” in all statements of case and other documents to be filed or served in the proceedings or in any judgments or orders in the proceedings or in any report of the proceedings by the press or otherwise as “Ms A.
(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.
4- Pursuant to CPR 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 od case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (ii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4 C(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.
5- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10th February 2023 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 this order.”
6- 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.
7- 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 (ww.judiciary.uk). For that purpo9se, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
8- The costs of obtaining this order be costs in the claimant’s costs in the application.
Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
Dated 10 February 2023