SMX, DMX -v- Islington Borough Council, Middlesborough Council, & Redcar & Cleveland Council (anonymity order published under CPR 39.2(5)

Anonymity Order

Claim No. QB-2019-002282

In the High Court
Queen’s Bench Division

14 August 2019

 

Between:

SMX

-and-

DMX

-v-

Islington Borough Council

-and-

Middlesbrough Council

-and-

Redcar & Cleveland Council

 

BY CONSENT and UPON reading the claim form herein

AND for the following reasons:

(1) The allegations in this action are likely to attract publicity.

(2) Publicity revealing the identity of the Claimants is likely to bring with it intrusions into the Claimants’ privacy, as well as that of their families.

(3) Those intrusions may well have serious consequences for them.

(4) In the circumstances of this action, (a) the Article 8 rights of the Claimants cannot be protected without restrictions on the Article 10 rights of the public and the press, but (b) the preceding factors make it necessary to give priority to the Claimants Article 8 rights.

AND pursuant to the Contempt of Court Act 1981, s.11, the Civil Procedure Rules 1998,  Rules 5.4A – D and 39.2, and the inherent jurisdiction of the Court

IT IS ORDERED as follows:

  1. There must be substituted for all purposes in this action in place of references to the First Claimant by name, and whether orally or in writing, references to the sequence of characters “SMX”.
  2. There must be substituted for all purposes in this action in place of references to the Second Claimant by name, and whether orally or in writing, references to the sequence of characters “DMX”.
  3. To the extent necessary to protect the Claimants’ identities, any other references, whether to persons or to places or otherwise, must be adjusted appropriately, with leave to the parties to apply in default of agreement as to the manner of such adjustment.
  4. So far as the claim form, or any judgment, order or other document to which anyone might have access pursuant to Rule 5.4 A-D or otherwise at any time does not comply with ‘1’ and ‘2’above, the Claimants’ solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith; such copies are to be treated for all purposes as being in substitution for 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 leave of a Judge or Master of the Queen’s Bench Division’.
  5. If a person not a party to the action seeks a copy of any document pursuant to Part 5.4 A – D of the Civil Procedure Rules, any such document must be referred to the Practice Master to ensure that it complies with this order.
  6. There is liberty to all parties to apply.