PH00 -v- Ahmed Khoshnaw (anonymity order)
Claim number: K02MA769
In the County Court at Manchester
2 May 2024
Before:
District Judge Lindsay Clarke
Between:
PH00 (A Protected Party proceeding by his Litigation Friend LC77)
-v-
Ahmed Khoshnaw
Order
BEFORE District Judge Lindsay Clarke sitting at Manchester County Court, Manchester District Registry, 1 Bridge Street West, Manchester, M60 9DJ on 02 May 2024
UPON HEARING Simon Plaut, Counsel for the Claimant and William Tyler, Counsel for the Defendant
AND UPON the Claimant making an application that the identity of the Claimant shall not be disclosed under CPR 39.2(4).
AND UPON
- 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
- It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
- The Defendant indicating no opposition to the making of the order
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this Order:
- ‘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.
- Publication for the purpose of this Order includes any further publication (as defined in paragraph (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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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, the Claimant’s Litigation Friend or other immediate family members, 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 and the Litigation Friend 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 “PH00”
(ii) The Litigation Friend shall be referred to as “LC77”
(iii) Any other details which on their own or together with other information publicly available may lead to the identification of the Claimant (including any names of other immediate family members or their 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 (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r5.4C(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, trustee or deputy.
5. The original and any copies of any Statement of Case or other document including the Final Order disclosing the name or address of the Claimant or the Litigation Friend already filed in the proceedings are to be placed on the Court File in a sealed envelope or box marked “Not to be opened without the permission of a Judge or District Judge of the County Court”.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 02 May 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.”
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, trustee or deputy.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by Master of the Rolls dated 16 April 2019, a copy of this Order shall be published on the Judicial Website of the Judiciary of England and Wales (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.