SMG -v- Chief Constable of Derbyshire Constabulary (anonymity order)
Claim Number: L00MY688
In the County Court at
Mayors and City of London Court
31 May 2024
Before:
Deputy District Judge Brooks
Between:
SMG
-v-
Chief Constable of Derbyshire Constabulary
………………………………………………………………………………………………………………………………………………………………………………………..
ANONYMITY ORDER
Before Deputy District Judge Brooks sitting at the County Court at Mayors & City Of London Court, The Guildhall Building, Basinghall Street, London, EC2V 5AR.
Upon reading the application notice by the Claimant dated 23.4.24.
And upon consideration of the Claimant’s Article 8 rights to respect for private and family life and 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 s11 of the Contempt of Court Act 1981, CPR Rule 39.2(3) and (4), rules 5.4C and 5.4D of the Civil Procedure Rules and s1(1) of the Sexual Offences (Amendment) Act 1992.
IT IS ORDERED THAT
1) That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “SMG”.
2) That the Claimant’s father 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 “SIJ”.
3) That the Claimant’s family members 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 follows:
(a) Ex-partner of SIJ – CRC
(b) SM G’s father in law – SMM
(c) SM G’s brother in law – SMD
(d) SM G’s husband – SMR
(e) SM G’s daughter – SMS
(f) SMG’s son – SMO
(g) SMG’s brother – SIG
4) That 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.
5) To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or to places or otherwise, be adjusted appropriately with permission of the parties.
6) That 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 a document describing such name or address in anonymised form as above.
7) That the original of any such document disclosing the names or addresses of the Claimant are to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge or District Judge of the Mayors and City of London Court”.
8) That a non-party may not inspect or obtain a copy of any document on or from the Court file ( other than this Order duly anonymised as directed) without the permission of a Master or a 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”.
9) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and addresses of the Claimant or any other member of the Claimant’s immediate family is prohibited.
10) (In so far as the Order is made under rule 23.9 without service Jo a copy of the application notice on the Defendant) That the Claimant do comply with rule 23.9(2) by service on the Defendant.
11) That the Defendant may apply under rule 23 .10 to have this Order set aside or varied.
12) That any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.
13) Costs in the case.
Dated 29 April 2024
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