PK -v- A Local Authority (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-LON-003122

In the High Court of Justice
Kings Bench Division
Administrative Court

19 November 2024

Before:
Robert Palmer KC
sitting as a Deputy High Court Judge

Between:
PK
-v-
A Local Authority

Order

UPON READING the Claimant’s application pursuant to rules 5.4C(4) and 5.4D of the Civil Procedure Rules, rule 39.2(4) of the Civil Procedure Rules, and section 11 of the Contempt of Court Act 1981 dated 19 September 2024

AND UPON READING the Defendant’s response dated 23 September 2024

AND UPON the Court being satisfied that non-disclosure of the identity of the Claimant and of the Defendant is necessary in order to protect the interests of the Claimant

AND UPON the Court being satisfied that because of the aforementioned circumstances (a) the Article 8 ECHR rights of the Claimant cannot be protected without restrictions on the Article 10 ECHR rights of the public and the press; and (b) it is necessary in the circumstances of this case to give priority to the Claimant’s Article 8 ECHR rights

IT IS ORDERED that:

  1. The identity of the Claimant may not be disclosed.
  2. The Claimant shall be described in any judgment or further order in the proceedings and in any report of the proceedings by the press or otherwise, as “PK”.
  3. The Defendant shall be described in any judgment or further order in the proceedings and in any report of the proceedings by the press or otherwise, as “A Local Authority”.
  4. Any addresses linked to the Claimant shall be described in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise, as “Property A”, “Property B”, etc.
  5. 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) absent application to the Court. Any application for permission under this clause must be made on 14 days’ notice to the parties, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, the publication of the name and/or address of the Claimant is prohibited.
  7. For the avoidance of doubt:
    (i) Nothing in this Order shall require either the Court or the parties to make adjustments to any references identifying the Claimant or her current address, so long as those references are contained in documents (including Court documents) other than those documents specified in clauses 2, 3 and 4 of this Order;
    (ii) Provided that the parties and/or their advisors do not publish any documents containing references to the Claimant by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant; and
    (iii) Nothing in this Order is intended to prevent the Claimant from discussing this case with family or friends, should she wish to do so.
  8. Any non-party affected by this Order may apply on 14 days’ notice to all parties to have this Order set aside or varied.
  9. Costs in the case.

19 November 2024