PQR -v- ABCD and another (anonymity order)
Claim Number: QB-2021-003476
In the High Court of Justice
King’s Bench Division
5 September 2024
Before:
Master Stevens
Between:
PQR (a Protected Party By VWX)
-v-
ABCD
EFGH
Order
BEFORE Master Stevens sitting at the Royal Courts of Justice, Strand, London
UPON hearing Counsel for the Claimant and Leading Counsel for the Defendants at a remote hearing
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 identities of the parties is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
- The Defendant 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:
- ‘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 subparagraph (i) 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:
- The identities of the Claimant, Litigation Friend and Defendants in these proceedings are confidential and shall not be published.
- Pursuant to CPR r.39.2(4), there shall not be disclosed in any report of these proceedings or other publication, the names or addresses of the Claimant, the Litigation Friend, other immediate family members, the Defendants 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, Litigation Friend and Defendants shall be referred to as set out at paragraph 3 of this order.
- 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 PQR.
(ii) The Litigation Friend shall be referred to as VWX.
(iii) The First and Second Defendants shall be referred to as ABCD and EFGH respectively.
(iv) 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. - Pursuant to CPR r.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 subparagraph 3(i) to (iv) 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, trustee or deputy. - The Claimant’s solicitor shall file with the court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 26 September 2024 and re-filed in the event that any statement of case is amended within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 5 September 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.”
- 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.
- 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.
- The costs of obtaining this order be costs in the case.