RGR -v- DEF (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Case number: KB-2022-004559
In the High Court of Justice
King’s Bench Division
19 April 2023
BEFORE Master Brown conducting a remote hearing on 19th April 2023, via MS Teams.
UPON HEARING Mr Simon Brindle of Counsel for the Claimant and Miss Charlotte Reynolds of Counsel
for the Defendant
(1) Consideration of the Article 8 rights of the Claimant and her immediate family to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant, her immediate family and the Defendants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and her immediate family and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘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.
(2) 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 BY CONSENT THAT:
- The identity of the parties to these proceedings is confidential and shall not be published.
- 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, her other immediate family members, or the Defendants, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant, her immediate family members, or the Defendants in these proceedings. Those persons 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
(i) The Claimant shall be referred to as “RGR”.
(ii) The second named dependent in the List of Dependents referred to in paragraph 6 below shall be referred to as “GHI”.
(iii) The third named dependent in the List of Dependents referred to in paragraph 6 below shall be referred to as “JKL”
(iv) The fourth named dependent in the List of Dependents referred to in paragraph 6 below shall be referred to as “ACE”
(v) The Defendants shall be referred to as “DEF”
(vi) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, her immediate family members or their addresses, or the Defendants shall be redacted before publication.
(vii) The address of the Claimant and the fourth named dependent in the List of Dependents referred to in paragraph 6 below shall be stated in all statements of case and other documents filed or served in the proceedings as the address of the Claimant’s solicitors, save for the Court Funds Office
(viii) The address of the Defendants shall be stated in all statements of case and other documents filed or served in the proceedings as the address of the Defendants’ solicitors.
- 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 subparagraphs 3(i) to (iii) 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 19th May 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- In addition, the Claimant’s solicitor shall file with the Court the List of Dependents referred to in paragraph 3 above. The List of Dependents is to be placed within the Court file.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27th April 2023 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 firstname.lastname@example.org.
- The costs of obtaining this order be costs in the case.