OTT -v- TFF (anonymity order)
In the High Court of Justice
Queen’s Bench Division
16 June 2020
Master Cook, sitting remotely and hearing the case by videolink in light of Covid 19
OTT (Executrix of the Estate of TET, Deceased,who sues on her own behalf and on behalf of all dependants)
UPON consideration of the Claimant’s Article 8 right to respect for private and family life and that of her children and the Article 10 right of freedom of expression AND UPON the Court being satisfied that an Order in the terms of paragraphs 1 to 7 below is necessary to protect the interests of the Claimant and her children
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED THAT:
1. That the identity of the Claimant, her immediate family, the Deceased and the Defendant shall be not disclosed.
2. That the Claimant, her Elder Child, her Younger Child, the Deceased and the Defendant 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 “OTT”, “FFS”, “SEN”,“TET”, and “TFF”.
3. That the address of the Claimant 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 and the address of the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or Defendant already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the parties set out above in paragraph 1 is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, her immediate family or the Deceased. The publication of the name and address of the Claimant, Defendant or of any member of the Claimant’s immediate family is prohibited.
8. The provisions of this Order shall not apply:- (i) to communications between the Court Funds Office and the anonymised party or 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; (ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or (iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Costs in the assessment.