Notting Hill Genesis -v- XXX (anonymity order)
Claim Number: KB-2024-002103
In the High Court of Justice
King’s Bench Division
16 October 2024
Before:
Mr David Pittaway KC
Between:
Notting Hill Genesis (a housing association)
-v-
XXX
Order
BEFORE Mr David Pittaway KC sitting as a Deputy Judge of the High Court in the King’s Bench Division, The Royal Courts of Justice, Strand, London, WC2A 2LL on 16th October 2024.
UPON HEARING Counsel for the Claimant and the Defendant not attending, but with a practice nurse attending on his behalf.
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life
(2) It appearing that non-disclosure of the identity of the Defendant (save for the purposes of advising the Police of the existence and terms of the Power of Arrest and in any enforcement action) is necessary to secure the proper administration of justice and in order to protect the interests of the Defendant and that there is no sufficient countervailing public interest in disclosure.
(3) The Claimant indicating its neutrality to the making of the order.
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 (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
(3) ‘Publication does not include advising the Police, NHS or other medical or mental health provider or any of the Claimant’s staff of the identity of the Defendant or the terms of this Order or the use of the Defendant’s identity for the purpose of enforcement of the Injunction Order made on 15 October 2024
IT IS ORDERED THAT:
1. The identity of the Defendant as parties to these proceedings is confidential and shall not be published.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 Defendant or details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Defendant in these proceedings.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Defendant shall be referred to as “XXX”;
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Defendant (including any names of other immediate family members or their addresses) or of the Defendant 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 4 (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 Court file shall be clearly marked with the words “An anonymity order was made in this case on 16 October 2024 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, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor.
7. 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