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MXD -v- Chief Constable of Hampshire Constabulary (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

Claim No: QB-2018-000823

In the High Court of Justice

Queen’s Bench Division

 

19 December 2018

Before:

Master Gidden

Between:

MXD (A child by his mother and litigation friend)

-v-

Chief Constable of Hampshire Constabulary

 


ORDER 

UPON reading the Claimant’s Application Notice dated 19 December 2018

AND UPON consideration of the Claimant’s Article 3 rights to protection from inhuman or degrading treatment and Article 8 rights to respect for private and family life

AND UPON IT APPEARING that the case may attract publicity and that revealing the identities of the Claimant is likely to cause a real and immediate risk of psychological harm to the Claimant and that, accordingly, publication of details revealing the Claimant’s identity, including the identity of the Claimant’s Litigation Friend, ought to be prohibited

AND PURSUANT to s.11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)

IT IS ORDERED that

  1. There be substituted for all purposes of this case, in place of references to the Claimant by name, and whether orally or in writing, references to the letters MXD.
  2. There be substituted for all purposes of this case, in place of references to the Litigation Friend by name, and whether orally or in writing, references to the letters ZXD.
  3. That to the extent necessary to protect the Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
  4. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at anytime does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
  5. A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant (the court will effect service). Such file is to be retained by the court and marked “PRIVATE”.
  6. A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties.
  8. The Claimant has permission to issue the claim form giving the address of their solicitors in place of their residential address. A copy of the claim form with the full names of the Claimant and his Litigation Friend, and their address, is to be placed on file in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
  9. Any non-party affected by this order may apply on notice to set aside or vary this order.
  10. Costs in the case.

Dated: 19 DEC 2018

 

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