MSW -v- London Borough of Tower Hamlets (anonymity order)
Claim No: QB-2021-001865
In the High Court of Justice
Queen’s Bench Division
31 August 2021
Before:
Master Dagnall
Between:
MSW (by their litigation friend ADG)
-v-
London Borough of Tower Hamlets
ORDER
UPON the Application of the Claimant (“the Application”) made by Notice of Application dated 6 August 2021 And without a Hearing or Notice of the Application having been served upon the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON Court considering the Notice of Application and the accompanying draft order sought by it AND THAT:
1. The action is one which is likely to attract significant media attention and publicity.
2. The Claimant is a child and the action relates to events which occurred when the Claimant was a child and to matters which do or may attract statutory anonymity and provisions against publication of the identity or address/location of the Claimant and their family
3. Publicity revealing the identity or address/location of the Claimant or the Litigation Friend could unfairly damage the interest of the Claimant and the Litigation Friend and their family and give rise to serious harm to the Claimant or the Litigation Friend or their family.
4. The Claimant and the Litigation Friend in this matter does not wish to disclose to the Defendant details as to their address/location owing to the nature of this case, and that such disclosure could give rise to a risk of serious harm to the Claimant and the Litigation Friend or their family.
5. Non-disclosure of the identity of and anonymity of the Claimant and of the Litigation Friend and of their family and of their addresses/locations is necessary in order to protect the interests of the Claimant and the Litigation Friend and to secure the proper administration of justice.
6. The Claimant’s and the Litigation Friend’s identity and address/location ought to be withheld from the public and should not be published, and that the Court should allow these prohibitions and give consequential directions, and that such prohibitions are necessary to secure the proper administration of justice
7. It is necessary to sit in private to secure the proper administration of justice, and including because publicity would subvert the purpose of the Application and this Order.
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and 39.2 and the inherent jurisdiction of the Court.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant and of the Litigation Friend and of their family be not disclosed or published without the permission of the court (other than as required for the purposes of the carrying on of this action).
2. There be substituted for all purposes in this action in place of references to the Claimant and the Litigation Friend by name, and whether orally or in writing, reference to the sequence of characters, MSW and ADG respectively, and the Claimant and the Litigation Friend shall 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 “MSW” and “ADG” respectively.
3. The address of the Claimant and the Litigation Friend 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.
4. That insofar as necessary, any statement of case or other document disclosing the Claimant’s or the Litigation Friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above (and in the meantime shall be kept confidential), and the Claimant’s solicitor shall have permission to file with the court such copies of such documents adjusted so as to comply therewith.
5. The Claimant has permission to redact from the Claim Form and any witness statement or other document which may be served upon the Defendant any statement of the Claimant’s or the Litigation Friend’s address/location.
6. The original of any such statement of case or other document disclosing the name or address/location of the Claimant or the Litigation Friend (and in particular any Claim Form, or any statement of case, judgment, Order or other document to which anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
7. Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
8. The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name or address/location of the Claimant or the Litigation Friend or of any member of the Claimant’s or the Litigation Friend’s immediate family is prohibited.
9. The Claimant must serve a copy of this Order and of the Notice of Application upon the Defendant and otherwise comply with CPR Rule 23.9 within seven days of service of this Order upon them.
10. The Defendant may apply under CPR Rule 23.10 and CPR3.3(5) to set aside or vary this Order within seven days of service of it upon them.
11.This Order shall be further considered at the first hearing in this matter.
12.Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
13.The Claimant has permission to apply to set aside or vary this order.
14.A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as MSW and the Litigation Friend shall be referred to as ADG.
15.The costs of the Application are reserved.