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SXL -v- Caerphilly County Borough Council (anonymity order)

Claim No. QB-2021-000276

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

26 January 2021

Before:
MASTER COOK

Between:
SXL (A minor by way of his litigation friend, the Official Solicitor)
-v-
CAERPHILLY COUNTY BOROUGH COUNCIL


Upon reading the Claimant’s application and upon reading the claim form herein and for the following reasons:
And upon consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
And upon it appearing that none-disclosure of the identity of the Claimant is necessary in order to protect the interest of the Claimant.
And pursuant to Rule 39.2 (4) of the Civil Procedure Rules and section ii of the Contempt of Court Act 1981 and Rules 5.4c and 5.4d of the Civil Procedure Rules.
It is ordered:
1. That the identity of the Claimant be not disclosed.
2. That the Claimant 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 anonymised as “SXL” (or in other anonymised form as ordered).
3. 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 for the Claimant’s solicitors.
4. That insofar as necessary, any statement of case where the 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.
5. That the original of any such document disclosing the name or address of the Claimant is to be placed on the court file 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. 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 District Judge. Any application for such permission must be made on notice to the Claimant and the court re effect service. The file is to be retained by the court and marked “Private”.
7. 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 address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. That the Claimant do by [ ] draw and file this Order and serve the same on the Defendant.
9. (Insofar as the Order is made under Rule 23.9 without service of a copy of the application notice on the Defendant) that the Claimant do comply with Rule 23.9 (2) by service on the Defendant.
10. That the Defendants may apply under Rule 23.10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
Dated this 26th January 2021
Ref: KH/UM1274374

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