Prisoner A -v- Ministry of Justice (anonymity order)
Claim Number: KB-2023-003693
In the High Court of Justice
King’s Bench Division
24 April 2025
Before:
Master Stevens
Between:
Prisoner A
-v-
Ministry of Justice
Order
UPON reading the Claimant’s Application Notice and supporting evidence
AND UPON hearingCounsel for the parties and reading further written submissions
AND UPON consideration of the Claimant’s Article 2, 3 and 8 ECHR rights and the Article 10 right to freedom of expression and common law principles
AND UPON the Court being satisfied that it is necessary in order to secure the proper administration of justice to derogate from the principle of Open Justice and it appearing that non-disclosure of the identities of the Claimant and other individuals and location involved in the factual background to this litigation is necessary in order to protect the interests of the Claimant which would otherwise be damaged and that there is no sufficient countervailing public interest in disclosure.
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 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 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 other parties and locations shall be referred to as set out in the Schedule to this Order. 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.
3. 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.
4. To the extent necessary to protect the Claimant’s identity in the documents on the Court file, any other references in such documents, whether to persons, places or otherwise, be anonymised appropriately, with permission to the parties to apply in default of agreement as to the manner of such anonymisation.
5. Pursuant to CPR Rules 5.4C and 5.4D:
a) 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 paragraphs 3 and 4 above.
b) 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.
6. 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 2-4 above by 21 days from date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
7. The Court file shall be clearly marked to indicate that on 24.4.2025 an anonymity and restriction order was made, 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.
8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, on at least 7 days’ notice to the Claimant’s solicitor.
9. This Order shall be reviewed at the pre-trial review so that any further directions for anonymity at trial, including the manner of anonymisation, may be considered.
10. 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 (save for the attached Schedule) shall be published on the website of the Judiciary of England and Wales. For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
11. Costs in the case.