MXX (By her Litigation Friend, DXX) -v- Ms Ty-Lee Nelson (anonymity order)
Claim No: QB-2019-004474
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 08/11/2021
Before:
Master Eastman
Between:
MXX
(By her Litigation Friend, DXX)
-v-
Ms Ty-Lee Nelson
ANONYMITY ORDER
UPON hearing Leading Counsel for the Claimant, Mr Jacob Levy QC and Leading
Counsel for the Defendant, Mr Andrew Davis QC
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 in order to protect the interests of the Claimant.
(4) The representative for the Defendant indicating neutrality to the making
of the order and there being no representations from press or any other
interested party.
AND PURSUANT to Section 11 of the Contempt of Court Act 1991; and the CPR 5.4C,
5.4D and 39.2(4)
IT IS ORDERED THAT: –
1. The identity of the Claimant in these proceedings is protected and shall not be
published.
For this purpose:
(i) “Publication” includes any speech, writing, broadcast or other
communication in whatever form, which is addressed to the public at large
or any section of the public.
(ii) Publication of any name, address or picture or other information that could
lead to identification of MXX as the Claimant in these proceedings is
prohibited;
2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these
proceedings the name or address of the Claimant, or any details that could lead
to the identification of MXX as the Claimant in these proceedings. The Claimant
and the Litigation Friend should 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) Claimant should be referred to as “MXX”;
(ii) The Litigation Friend should be referred to as “DXX”;
(iii) Any other details liable to lead to the identification of the Claimant
(including any names or other family members or addresses) 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) to (v) above;
(ii) If a person who is not a party to the proceedings applies (pursuant to
CPR Rule 5.4C(1B) or (2) for permission to inspect or obtain a copy of
any document or communication, such application shall be on at least
7 days’ notice to the Claimant’s Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 8th November 2021 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”.
6. Any interested party, whether or not a party to the proceedings, may apply to
the Court to vary or discharge this Order, providing that any such application is
made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior
notice of the intention to make such an application is given.
7. For the avoidance of doubt paragraphs 1 to 4 above shall not apply to the
following, which do not constitute publication within the meaning of paragraph 1
(providing always that proper steps are taken to protect the confidentiality of
information from being made public): –
(i) Communications between the Court Funds Office [if any] and the
anonymised party, Litigation Friend in relation to the payment of
money into the Court Funds Office for the benefit of the anonymised
party or the investment or treatment of payment out of such money,
should the same be relevant.
(ii) Communications between the Court Funds Office, the Claimant’s
representatives, or any financial institution concerned as to receipt
or investment of such money, should the same be relevant.
(iii) Records kept by the Court Funds Office, the Claimant’s
representatives, or any financial institutions concerned as to the
receipt or investment to the Claimant’s money.
(iv) Retention by the parties and/or their representatives of their
unredacted files for the purposes of their continuing functions and
obligations in relation to the proceedings.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of Rolls on 17th 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 cost of obtaining this Order be costs in the claim.