TD -v- Wakefield Metropolitan District Council (anonymity order)
Claim No: QB-2020-002827
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 24/05/2022
Before:
Master Gidden
Between:
TD (A child by the Official Solicitor his litigation
friend)
-v-
Wakefield Metropolitan District Council
ORDER
BEFORE Master Gidden sitting on 24th May 2022 AND UPON hearing
counsel for the claimant, the defendant not appearing or being represented,
AND IN consideration of the claimant’s Article 8 rights to respect for private
life 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
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 THAT:
1. The identity of the claimant shall not be disclosed.
2. The claimant shall 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 “TD.”
3. Pursuant to CPR rule 39.2(4) save for the purposes of medical treatment
there shall not be disclosed in any report of the proceedings the name or
address of the Claimant or of the claimant’s family or any details leading
to the identification of the claimant and the claimant, if referred to, shall
only be referred to as “TD.”
4. 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.
5. 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.”
6. 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 Judge. Any application for such permission must be
made on notice to the claimant, and the Court will affect service. The file
is to be retained by the Court and marked “Anonymised.”
7. 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 or is prohibited.
8. A (duly anonymised) copy of this Order shall be published on the judicial
website of the High Court of Justice specifying that the claimant shall be
referred to as “TD.”
9. Any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10.The provisions of this Order shall not apply:-
(i) To communications between the Court Funds Office and the
anonymised party or Litigation Friend in relation to the payment of
money into the Court Funds Office for the benefit of the
anonymised party or the investment or treatment of payment out of
such money;
(ii) To communications between the Court Funds Office and/or the
anonymised party or Litigation Friend and any financial institution
concerned as to the receipt or investment of such money; or
(iii) To records kept by the Court Funds Office or the anonymised
party or Litigation Friend or any such financial institution in relation
to such money.