Tendring District Council -v- AB and others (anonymity order)
Application number: CA-2022-002229-C
In the Court of Appeal (Civil Division)
On appeal from the Upper Tribunal
(Administrative Appeals Chamber)
21 October 2024
Before:
Lady Justice Nicola Davies
Between:
Tendring District Council
-v-
AB
(by his Litigation Friend the Official Solicitor)
(First Respondent)
and
Secretary of State for Work and Pensions
(Second Respondent)
and
CD
(Third Respondent)
Anonymity order
UPON HEARING Mr Rutledge KC on behalf of the Appellant; Mr Royston on behalf of AB and CD in person.
AND UPON:
(1) The Court considering Articles 8 (respect for private and family life) and 10 (freedom of expression) of the European Convention on Human Rights.
(2) It appearing to the Court that non-disclosure of the identity of both AB and CD is necessary to secure the proper administration of justice and in order to protect the interests of AB and that there is no sufficient countervailing public interest in disclosure.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these
proceedings.
IT IS ORDERED THAT:
- The identity of AB and CD as parties to this appeal is confidential and shall not be published.
- 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 AB and/or CD (other than to refer to them where necessary as husband and wife) that could lead to the identification of AB and/or CD.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Respondent shall be referred to as AB.
(ii) The Third Respondent shall be referred to as CD.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the AB and/or CD (including any names of other immediate family members or their addresses) shall be redacted before publication. - Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Appellant, CD and the Official Solicitor.
5. This order was drawn by Onkar Sajjan (Associate) to whom all enquiries regarding this order should be made. When communicating with the Court please address correspondence to The Associate, Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London WC2A 2LL (DX 44456 Strand) and quote the Court of Appeal reference number. The Associate’s telephone number is 0207 947 7183 and 0207 947 7856.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15 October 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Appellant, the Official Solicitor as AB’s litigation friend in these proceedings, and CD.
9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.