MXK -v- Stockport Metropolitan Borough Council (anonymity order)

County CourtAnonymity Order

Claim Number: F04CL107

In the County Court at Manchester

25 June 2024

Before:
Deputy District Judge Stringer

Between:

MXK
(A Protected Party by his Litigation Friend)

-v-

Stockport Metropolitan Borough Council

Anonymity Order

Before Deputy District Judge Stringer sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ.

Upon hearing from Ms Patyna, Counsel for the Claimant and Mr Zindi, Solicitor for the Defendant

UPON the Court considering the application notice dated 24 April 2024, the skeleton argument dated 24 April 2024 and the witness statement of Sophie Wells dated 24 April 2024 filed on behalf of the Claimant

AND UPON
(1) 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.
(2) 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.
(3) 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 and 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 purpose of this Order includes any further publication (as defined in subparagraph 1 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 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 any details (including other names, addresses, 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 as “MXK”.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the
    identification of the Claimant shall be redacted before publication.
  4. Pursuant to CPR Rules 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 of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) and (ii) above.
    (ii) 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.
  5. 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 paragraph 3 above by 18 July 2024, and re-file in the event that any
    statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of
    this Order] 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.”
  7. 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.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the
    Rolls dated 16 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 officer will send a copy of the order by email to the Judicial
    Office at judicialwebupdates@judiciary.uk.
  9. The costs of obtaining this order be costs in the case

Dated 14 June 2024