RYA and others -v- RYE (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-002232

In the High Court of Justice
King’s Bench Division

19 August 2024

Before:
Master Davison

Between:

(1) RYA
(2) RYB
(3) RYC (By her litigation friend RYB)
(4) RYD (By his litigation friend RYA)

-v-

RYE

Anonymity Order

BEFORE Master Davison sitting by Microsoft Teams on 13 August 2024

UPON HEARING Michael Deacon, Counsel for the Claimant

AND UPON the application notice dated 30 May 2024:
(1) Consideration of the Article 8 rights of the Claimants 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 each and every of the Claimants and the Defendant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its 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 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 (1) 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:

  1. The identities of each of the Claimants and Defendant as parties to these proceedings are confidential and shall not be published.
  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 Defendant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of
    facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The First Claimant shall be referred to as “RYA”.
    (ii) The Second Claimant shall be referred to as “RYB”.
    (iii) The Third Claimant shall be referred to as “RYC”.
    (iv) The Fourth Claimant shall be referred to as “RYD”.
    (v) The Defendant shall be referred to as “RYE”.
    (vi) The birth mother shall be referred to as “XTC”.
    (vii) Any other details which, on their own or together with other information publicly available, may lead to the identification of any or all of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. 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, order or any other document from the Court records unless the statement of case, judgment, order or document has been anonymised in accordance with subparagraphs 3(i) to (vii) 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.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 13 August 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.”
  6. 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.
  7. 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 (with the names of the Claimants, Defendant and birth mother anonymised as per paragraph 3 above) 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.
  8. The costs of obtaining this order be costs in the case.

DATED 13 August 2024