RER and another -v- Rochdale Borough Council (anonymity order)

County CourtAnonymity Order

Claim number: L00WN490

In the County Court at Wigan

18 December 2024

Before:

District Judge Syed

Between:

RER (a child by her Litigation Friend the Official Solicitor)

ABR (a child by his Litigation Friend the Official Solicitor)

-v-

Rochdale Borough Council

Order

Before District Judge Syed sitting at the County Court at Wigan, Wigan And Leigh Courthouse, Darlington Street, Wigan, WNl lDW.

Upon the parties having informed the Court that they have come to a settlement of the Claimant’s claim

BY CONSENT IT IS ORDERED THAT

  1. Settlement of the Claimant’s claims be approved by the Court in the sum of £10000.00 for the first Claimant and the sum of £10000.00 for the second Claimant.
  2. The said sums be satisfied by payment by the Defendant into the Court Funds Office within 28 days from the date of this order. If the sums be not paid by that date, the Defendant shall pay interest o the sum form that date until the date of payment, at the rate applicable to judgment debts.
  3. Upon payment of the said sums, the Official Solicitor be discharged as the Litigation Friend.
  4. Upon payment of the said sums, the Defendant be discharged from further liability in respect of all claims made by the Claimants against it.
  5. The sums be subject to a first charge under section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the statutory charge).
  6. The Defendant pay the Claimant’s reasonable costs and disbursements of the action, including this hearing, to be assessed on the standard basis in default of agreement.
  7. There be permission for detailed assessment of the Claimants publicly funded costs.
  8. There shall be an Anonymity Order in these proceedings in respect of the Claimants; in accordance with the following provisions:
    a) The identity of the Claimants as a party to these proceedings is confidential and shall not be published
    b) 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 Claimants, 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 RER and ABR as the Claimants in these proceedings. The Claimants shall be referred to as set out below.
    c) In any Judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    i) The Claimants shall be referred to as “RER” and “ABR”,
    ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants ( including any names of other immediate family members or their addresses) shall be redacted before publication.
    d) 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 subparagraph 3(i) and (ii) above.
    ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(IB) 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, the Official Solicitor as the Claimants Litigation Friend in these proceedings, and the Claimants trustee or deputy.
    e) The Court file shall be clearly marked with the words “An anonymity order was made in this case on (date of this order) 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”.
    f) 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 Claimants solicitor, the Official Solicitor as the Claimants Litigation Friend in these proceedings and the Claimants trustee or deputy.
    g) Pursuant to the ‘Practice Guidance: Publication or 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.