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RBRS -v- Ministry of Justice (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

Claim NO: F00WV229

In the High Court of Justice
Queen’s Bench Division

19 October 2019

Before:

District Judge Anson

(sitting at Preston District Registry)

Between:

RBRS

-v-

Ministry of Justice

 


General Form of Judgment or Order

Ref CLASS REDACTED 1st Defendant Ref 2011 /

UPON reading the Claimant’s Application Notice dated 4 July 2019 and evidence in support

AND UPON hearing counsel for the Claimant and counsel for the Defendant

AND UPON consideration of the Claimant’s Article 8 right to respect to private and family life and the Article 10 right of freedom of expression and common law principles

AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant which would otherwise be damaged

AND PURSUANT to section 11 of the Contempt of Court Act 1981, CPR 5.4A-5.4D and CPR 39.2(4)

Before District Judge Anson sitting at Preston District Registry, Openshaw Place, Ringway, Preston, PRI 2LL.

IT IS ORDERED THAT

1. The Claimant is granted anonymity and his identity shall not be disclosed.

2. There be substituted for all purposes of this case, in place of references to the Claimant by name,  and whether orally or in writing, references to the pseudo-initials ‘RBRS’.

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 to 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. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone  might have access pursuant to CPR 5.4A-5.4D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document anonymised so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope  marked: ‘not to be opened without the permission of a Judge or Master of the High Court’.

6. A non-party may not inspect or obtain the copy of any document from the Court file (other than this order – duly anonymised as directed) without the permission of a Judge or Master of the High Court. Any application for such permission must be made on notice to the Claimant and the Court will effect service.

7. A non-party may not obtain any copy statement of case or other document from the Court file  unless it has been edited (anonymised) in accordance with this direction.

8. No person may publish any material, including a report of these proceedings, that is likely to identify (whether directly or indirectly) the Claimant, his family, or his residence or place of incarceration in connection with these proceedings.

9. Any non-party affected by this order may apply on notice to all Parties to set aside or vary this order.

10. Costs in the case.

DATED: 23 September 2019

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