Appeal No: CO/1286/2021
Case No: 2019/0057
IN THE HIGH COURT OF JUSTICE
IN THE BAR TRIBUNAL AND
MR JUSTICE SOOLE
THE BAR STANDARDS BOARD
ORDER ON ANONYMITY
BEFORE: MR JUSTICE SOOLE in the Royal Courts of Justice on 14 December 2021
UPON HEARING: Simon Csoka, QC, for the Appellant and Harini Iyengar, Counsel for the Respondent
(1) Application by the Respondent for an order for anonymity in respect of the person who complained of sexual harassment and who is not a party to the proceedings;
(2) Both parties agreeing that steps should be taken to protect the lifetime anonymity of the person who complained of sexual harassment;
(3) The Disciplinary Tribunal having given a direction on 21 December 2020 for anonymity of the person who complained of sexual harassment and that other witnesses, through whose identity she was likely to be identified, should be referred to solely by their relationship to her and not by name, and journalists having abided by that direction;
(4) It being unclear, and unnecessary to determine, as part of either the Disciplinary Tribunal proceedings or the High Court proceedings, the legal issue of whether or not the person who complained of sexual harassment made an allegation in a form which brings her within the automatic lifetime anonymity provisions of section 1 of the Sexual Offences (Amendment) Act 1992;
(5) A journalist informing the High Court of an intention to report the proceedings;
(1) Consideration of the Article 8 rights of the person who complained of sexual harassment to respect for private and family life;
(2) Consideration of the Article 10 right to freedom of expression;
(3) It appearing that the lifetime anonymity of the person who complained of sexual harassment is necessary in order to protect her interests and that there is no sufficient countervailing public interest in disclosure of her identity;
AND PURSUANT to section 6 of the Human rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C and 5.4D and 39.2(4);
IT IS ORDERED THAT:
(1) The application for anonymity in respect of the person who complained of sexual harassment is granted and with effect from 14 December 2021 and until further order:
(i) There shall be no publication of any name, address, picture, or other information likely to lead to the identification of the person who complained of sexual harassment; for the avoidance of doubt, other witnesses, through whose identity she may become identified, should be referred to solely by their relationship to her and not by name.
(ii) Publication means communication to the public or any section of the public and includes publication in a newspaper, broadcast, writing, or speech and includes publication on the internet or on social media.
(iii) 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 orders (i) and (ii) above.
(iv) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 14 December 2021 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.”