TLH OXO EMS AXS -v- City of Wolverhampton Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: KB-2024-001136

In the High Court of Justice
King’s Bench Division

22 April 2024

Before:

Master Dagnall

Between:

1. TLH
(By her litigation friend the Official Solicitor)
2. OXO
(By her litigation friend the Official Solicitor)
3. EMS
(By her litigation friend the Official Solicitor)
4. AXS
(By her litigation friend the Official Solicitor)

-v-

City of Wolverhampton Council

………………………………………………………………………………………………………………………………………………………………………………………..

ANONYMITY ORDER

UPON READING an Application Notice by the Claimants dated 9th April 2024
AND The Defendant not having been served with the Application

(1) Consideration of the Article 8 rights of the Claimants to respect for
private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is
necessary to secure the proper administration of justice and in order to
protect the interests of the Claimants and that there is no sufficient
countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and
there being no representations from the press or any other interested
party.

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.

AND WITHOUT A HEARING IT IS ORDERED THAT:

  1. The identity of the Claimants as parties to these proceedings is
    confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report
    of these proceedings or other publication the names or addresses of the
    Claimants, the Claimants’ Litigation Friends or other immediate family
    members, or any details (including other names, addresses, or a specific
    combination of facts) that could lead to the identification of the Claimants
    in these proceedings. The Claimants and their Litigation Friends shall be
    referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by
    whatever medium) in relation thereto:
    (i) The Claimants shall be referred to as “TLH”, “OXO”, “EMS” and
    “AXS”
    (ii) The Litigation Friend shall be referred to as “the Official Solicitor”
    (iii) Any other details which, on their own or together with other
    information publicly available, may lead to the identification of
    the Claimants (including any names of other immediate family
    members or their addresses) shall be redacted before
    publication.
  4. 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(1B) or (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 Claimants’
    solicitor, trustee or deputy.
  5. The Claimants’ solicitor shall file with the Court an electronic (PDF)
    bundle of the statements of case that has been anonymised in
    accordance with paragraph 3 above within 21 days of the date of this
    order, and re-filed in the event that any statement of case is amended,
    within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity
    order was made in this case on the 22nd April 202 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 Claimants’ solicitor, trustee
    or deputy.
  8. 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.
  9. The costs of obtaining this order be reserved to the first hearing in this
    matter.