Soldier G1 -v- Ministry of Defence (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB 2023 002011

In the High Court of Justice

Kings Bench Division

13 February 2024

Before:
Master Gidden

Between:

Soldier G1

-v-

Ministry of Defence


Anonymity Order

IT IS ORDERED THAT

  1. This action is one likely to attract publicity.
  2. The publicity revealing the identity of the Claimant is likely to damage the interest of the Claimant and risk his security; and
  3. That publicity revealing the nature and type of tasks and duties the Claimant was engaged in on behalf of the Defendant may cause damage to national security.

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

IT IS HEREBY ORDERED that

  1. The Claim Form having previously been served is now amended in accordance with the attached draft so that the Claimant has anonymity with his name, date of birth and address removed from the Claim Form and the Claimant is referred to as Soldier G1
  2. Service of the amended Claim Form be dispensed with.
  3. The original Claim Form and evidence in support of making this Order and the Order itself be placed in a sealed envelope in a safe at the Court with restricted access and only viewed by a High Court Judge. The sealed envelope shall be marked with a written statement on the front; the Claimant’s application for anonymity. This envelope has been sealed in accordance with Order dated 13.02.24 not to be opened without the express written permission of a Deputy/High Court Judge.
  4. 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 any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of Stuart Holyoake as the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 4 of this Order.
  5. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:(i) The Claimant shall be referred to as “Soldier G1”.
    (ii) 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) shall be redacted before publication.
  6. A non-party may not obtain a copy of the statement of case or a judgment or order given or made public (whether made at a hearing or without a hearing) in accordance with CPR 5.4 (C)(4)(a).
  7. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case, including medical evidence that has been anonymised in accordance with paragraph 8 and 9 above within 21 days from date of the order and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved
  8. Following, the Claimant’s compliance with paragraph 10 of this Order, the original statements of case and medical evidence currently filed at court be deleted from the court file and system.
  9. Costs in the case