RN -v- First Tier Tribunal (Social Entitlement Chamber) & another (anonymity order)

Administrative Appeals Chamber (Upper)Court of Appeal Civil DivisionSocial Entitlement Chamber (First-tier)TribunalsAnonymity Order

Case No: CA-2022-001545-A

In the Court of Appeal
On Appeal from Upper Tribunal (Administrative Appeals Chamber)

11 October 2022

Before
Lord Justice Lewis

Between:
RN
-v-
(1) First Tier Tribunal (Social Entitlement Chamber)
(2) Criminal Injuries Compensation Authority



UPON the Appellant having being granted permission to appeal the judgment of Upper Tribunal Judge Gray dated 7 April 2022 by Upper Tribunal Judge Jacobs by order dated 11 July 2022;

AND UPON the Appellant making an application for anonymity on 5 August 2022;

AND UPON the Court being satisfied that non-disclosure of the Appellant’s identity is necessary in order to protect his interests as the appeal concerns the sexual abuse of a person at a time when he was aged 12 and the restriction on disclosure of his identity is proportionate and enables the reporting of the legal
issues in the case but without naming the individual involved.

And on consideration of the papers and without an oral hearing

IT IS ORDERED THAT:

  1. Pursuant to CPR 39.2(4) and subject to any further order of the court, there shall not be disclosed in any report of these proceedings or other publication the name or address of the Appellant (including other names, addresses, or a specific combination of facts) that could lead to his identification as the Appellant in these proceedings.
  2. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Appellant shall be referred to as “RN”.
    b. Any other details liable to lead to the identification of the Appellant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  3. Pursuant to CPR 5.4C and 5.4D: 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 paragraph 3 above.
  4. If a person who is not a party to the proceedings applies (pursuant to CPR 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 Appellant’s solicitor.
  5. Any electronic Court file should have the name of the applicant anonymised and the fact that there is an anonymity order in place noted on that file. If any physical Court file is created, it shall be clearly marked with the words “An anonymity Order was made in this case on 7 April 2022 in the Upper Tribunal and on 11 October 2022 by the Court of Appeal. 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.”
  6. Any person, 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 notice to the Appellant’s solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
  1. 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 (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.
  2. Costs in the case.