RH -v- Devon County Council (anonymity order)
Claim number: K01BS451
In the County Court at Bristol
27 November 2023
Before:
District Judge Markland
Between:
RH (by his Litigation Friend the Official Solicitor)
-v-
Devon County Council
Anonymity Order
BEFORE District Judge Markland sitting at the County Court at Bristol, Bristol Civil Justice Centre, Number 2, Redcliff Street, Bristol, BS1 6GR at an attended hearing on 1 November 2023.
UPON reading an application notice and accompanying witness statement filed with this application.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and secion II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED THAT
(1) The identity of the Claimant be not disclosed.
(2) The Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any Judgment or Order in the proceedings and in any report of the proceedings by the press or otherwise as “RH”.
(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) In so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by the document describing such name or address in anonymised form as above.
(5) The original of any such document disclosing the name or address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
(6) A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duty anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the court and marked “Anonymised”.
(7) Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent
identification of the Claimant or his litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
(8) The Claimant do within 14 days of the date of this Order serve the same on the Defendant.
(9) Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.