RWA -v- Rosalind Robertson (nee Hilliard) (anonymity order)

Judgment

Claim No: F90OX192

In the High Court of Justice
Queen’s Bench Division

16 April 2020

 

Before:

Her Honour Judge Melissa Clarke

Between:

RWA (A protected party by their Litigation Friend KAA)

-v-

Rosalind Robertson (nee Hilliard)

 

Before Her Honour Judge Melissa Clarke sitting at Oxford District Registry, St Aldates, Oxford, OXl 1 TL.
UPON hearing Counsel, Gerwyn Samuel for the Claimant and hearing Counsel, Susan Rodway QC on behalf of the Defendant
Pursuant to CPR Rule 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED THAT
Pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4a to 5.4d and CPR Rule 39.2

1. That the anonymity of the Claimant and the Litigation Friend be not disclosed
2. That it be substituted for all parties of this case, in place of references to the Claimant by name either orally or in writing, references to “RWA”. Likewise the Litigation Friend should be referred to as “KAA”
3. That the Claimant and Litigation Friend 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 of otherwise as “RWA” and “KAA” respectively
4. That the address of the Claimant and of the Litigation Friend to be stated in all statements of case and other documents to be filed or served or in the proceedings as the address of the Claimant’s solicitors
5. Insofar as the Claim Form, or any Judgment or Order, or are other documents to which anyone might have access to pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have leave to file with the Court copies of such documents adjusted so that it is complied therein. Such copies are to be treated for all purposes as being in substitution of the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”
6. A non party may not, without permission of the Court, inspect or obtain any copy statement of case or document from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or Litigation Friend. Any Application for such permission (i.e. to inspect or obtain a non anonymised version) must be made on notice to the Claimant in accordance with CPR Rule 5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “anonymised”
7.  That reporting restrictions apply as to the disclosing of any information may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or any member of the Claimant’s immediate family or the mailing address of the Litigation Friend is prohibited
8. The provision for this Order shall not apply:
a. To communications between the Court Funds Office and the anonymised party, his deputy or Litigation Friend in relation to the payment of any money into the Court Funds Office for the benefit of the anonymised party or investment or treatment of payment out of such money;
b. For communications between the Court Funds Office and/or the anonymised party, his deputy of Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. To records kept by the Court Funds Office or the anonymised party, his deputy or Litigation Friend or any such financial institution in relation to such money
9. That any non party affected by the Order may apply on notice to all parties to have this order set aside or varied
10. A copy of this order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as “RWA” and his Litigation Friend “KAA”