RTY -v- Newsquest Media Group Limited (anonymity order)
Claim No. KB-2024-003778
In the High Court of Justice
King’s Bench Division
4 December 2024
Before:
Master Eastman
Between:
RTY
-v-
Newsquest Media Group Limited
Order
UPON Reading the Applicant’s application for anonymity by Application Notice dated 12 November 2024 (“the “Application”), and the confidential First Witness Statement of the Applicant’s solicitor dated 12 November 2024, and the Confidential version of the Claim Form filed with the Court which provides information of the Applicant’s ’s identity on a confidential basis and the Particulars of Claim
AND UPON it appearing to the Court that the claim is one for infringement of data protection rights in which the identification in public of the Claimant would frustrate the very object of these proceedings
AND UPON the Court considering the Article 8 rights of the Claimant 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 Claimant is necessary in order to protect the interests of the administration of justice and the Article 8 interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
AND UPON the Defendant having been served with the Application in draft form on 19 July 2024 [and having not confirmed its position to the Application]
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:
i. ‘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.
ii. 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 THAT:
Anonymity and Reporting restrictions orders
1. The identity of the Claimant to these proceedings is confidential and shall not be published. Pursuant to s.11 Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings. This order is an injunction. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.
2. 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, or the Claimant’s immediate family members, or any details (including other names, addresses or specific facts including the URLs, headline, name of bylined journalist and dates of the publications containing the Personal Data complained of) that could lead to the identification of the Claimant to these proceedings.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
3.1. The Claimant shall be referred to as “RTY”.
3.2. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses and the URLs, headline, name of bylined journalist and dates of the publications containing the Personal Data complained of) shall be contained in a separate confidential schedule or redacted before publication as applicable.
4. The Claimant be permitted to issue and the Parties commence these proceedings naming the Claimant (whether orally or in writing) as “RTY” and there be substituted for all purposes in these proceedings in place of references to the Claimant by name, and whether orally or in writing, references to the letters “RTY”.
5. The Claimant be permitted to withhold the Claimant’s address from the claim form, but shall supply the information on a confidential version of the claim form, 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. Anything which may identify the Claimant, shall be excluded from statements of case or witness statements served in this action, and included in a separate confidential schedule served with any statement of case or a confidential exhibit to any witness statement, as appropriate.
7. Pursuant to CPR Rules 5.4C and 5.4D:
7.1. A person who is not a party to these proceedings may not obtain from the court records any copy of any confidential schedule served with any statement of case or witness statement, or the confidential version of the claim form, or the Claimant’s application for anonymity or the evidence filed in support or any statement of case, judgment or order unless it has been anonymised in accordance with paragraph 3 above.
7.2. 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 from the Court records a copy of any other document (including for instance any confidential schedule attached to a statement of case or witness statement or any confidential communication), other than an anonymised statement of case, such non-party must give at least 7 days’ notice of the application to the Claimant by post.
8. Under CPR 39.2(4) any person who receives notice of this Application do not disclose any information relating to the identity of the Claimant.
9. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 4 December 2024 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.”
10. The Claimant do by [X] draw and file this Order and serve the same on the Defendants together with the application notice and any evidence relied on.
11. Any non-party affected by this Order may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to all Parties. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendant may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must be in writing.
12. 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
judicialwebupdates@judiciary.uk.
13. The costs of obtaining this order be costs in the case.
14. All communications to the Court about this Order should be sent to:
Room WG08, Royal Courts of Justice, Strand, London, WC2A 2LL, quoting the case number. The telephone number is 020 7947 6010. The offices are open between 10 a.m. and 4.30 p.m. Monday to Friday.
15. The Claimant’s solicitors are – Taylor Hampton Solicitors Limited; (ref: RTY001/001); 20-21 Jockey’s Fields, London, WC1R 4BW, 020 7427 5970; megan.oboyle@taylorhampton.co.uk; hariette.hall@taylorhampton.co.uk