Taylor and others -v- Chief Constable of Hertfordshire Police (anonymity order)
Claim Number: KB-2024-000719
In The High Court Of Justice
King’s Bench Division
9 May 2024
Before:
Master Dagnall
Between:
Pamela Taylor (First Claimant)
Bvt (Second Claimant)
Mvt (By Her Litigation Friend My) (Third Claimant)
Pvt (By Her Litigation Friend Jy) (Fourth Claimant)
-v-
Chief Constable Of Hertfordshire Police
Anonymity Order
UPON reading the Claimants’ application dated 27 March 2024 and the evidence in support
AND it appearing to the Court, and after it has considered Civil Procedure Rules 39.2(4) and Articles 3 (right to private life) and 10 (right to freedom of expression and open justice) of the European Convention of Human Rights:
- That the action is one likely to attract publicity;
- That publicity revealing the identity of the Second, Third and Fourth Claimants is likely to unfairly damage their interests; and
- That it is necessary to protect the interests of the Second, Third and Fourth Claimants and to secure the proper administration of justice that the Second, Third and Fourth Claimants and the Litigation Friends of the Third and Fourth Claimants be anonymised AND that there is no countervailing public or human rights interest in disclosure
- That accordingly publication of details revealing the Second, Third and Fourth Claimants identity and addresses and the identity and addresses of the Litigation Friends of the Third and Fourth Claimants ought to be prohibited;
AND pursuant to the Contempt of Court Act 1981, s. 11, the Civil Procedure Rules 1998, Rules 5.4 and 39.2, section 6 of the Human Rights Act 1998 and the inherent jurisdiction of the court
AND WITHOUT A HEARING AND WITHOUT NOTICE OF THE APPLICATION HAVING BEEN GIVEN TO THE DEFENDANT
IT IS ORDERED THAT:
(1) There be substituted for all purposes in this action, in place of reference to the Second, Third and Fourth Claimants by name, and whether orally or in writing, references to the following:
(a) The Second Claimant: the letters BVT
(b) The Third Claimant: the letters MVT
(c) The Fourth Claimant: the letters PVT.
(2) There be substituted for all purposes in this action, in place of reference to the Third Claimant’s Litigation Friend the letters MY.
(3) There be substituted for all purposes in this action, in place of reference to the Fourth Claimant’s Litigation Friend the letters JY.
(4) That, to the extent necessary to protect the Second, Third and Fourth Claimants’ identity, any other references whether to persons or to places or otherwise, be adjusted appropriately, save that the Court does not order anonymity for the Second, Third and Fourth Claimants’ mother Kellie Sutton, or the name of the First Claimant, who is the Second, Third and Fourth Claimants’ grandmother. The parties have leave to apply in default of agreement as to the manner of any further adjustment.
(5) The original of any such statement of case or other document disclosing the name or address/location of the Second, Third or Fourth Claimants (and in particular any Claim Form, or any statement of case, judgment, Order or other document to which anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the King’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
(6) Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the King’s Bench Division. Any application for such permission must be made on notice to the Second, Third and Fourth Claimants and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
(7) The Claimants must serve a copy of this Order and of the Notice of Application upon the Defendant and otherwise comply with CPR Rule 23.9 within three days of service of this Order upon them.
(8) The Defendant may apply under CPR Rule 23.10 and CPR3.3(5) to set aside or vary this Order within seven days of service of it upon them.
(9) This Order shall be further considered at the first hearing in this matter.
(10) Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(11) The Claimants have permission to apply to set aside or vary this order.
(12) A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Second, Third and Fourth Claimants and the Litigation Friends of the Third and Fourth Claimants shall be referred to as BVT, MVT, PVT, MY and JY respectively
(13) The costs of the Application are reserved.