TWG -v- Scout Association (anonymity order)
Claim number: KB-2024-000851
In the High Court of Justice
King’s Bench Division
8 April 2024
Before:
Master Sullivan
Between:
TWG
-v-
The Scout Association
……………………………………………………………………………………………………………………………………………………………………………………….
ANONYMITY ORDER
BEFORE Master Sullivan sitting at High Court of Justice, King’s Bench Division on
AND UPON the application notice dated
(1) Consideration of the Article 8 rights of the Claimant to respect for private and
family life, and the Article 10 right to freedom of expression.
(2) Consideration of the Claimant’s right to lifelong anonymity afforded to him by the
Sexual Offences (Amendment) Act 1992.
(3) It appearing that non-disclosure of the identity of the Claimant is necessary to
secure the proper administration of justice and in order to protect the interests of
the Claimant and that there is no sufficient countervailing public interest in
disclosure.
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, 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 the Claimant as a party to these proceedings 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shall not be published.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 the Claimant, Friend 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 TWG as the Claimant in these proceedings. The Claimant shall be referred
to as set out at paragraph 3 of this Order. - In any judgment or report of these proceedings, or other publication (by whatever
medium) in relation thereto:
(i) The Claimant shall be referred to as “TWG”.
(ii) Any other details which, on their own or together with other information
publicly available, may lead to the identification of the Claimant
(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(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 Claimant’s solicitor, trustee or deputy. - The Court file shall be clearly marked with the words “An anonymity order was
made in this case 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.” - 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 Claimant’s solicitor, trustee or deputy. - 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. - The Claimant may waive their right to anonymity if they provide express consent
in writing in accordance with the Sexual Offences (Amendment) Act 1992. - The costs of obtaining this order be costs in the case.
EXPLANATORY NOTE
1 The order defines the scope of ‘publication’ and makes clear that it is a
communication which is “addressed to the public at large or any section of the
public”. Set out below is a non-exhaustive list of examples of communications
and records which would not constitute publication within the meaning of this order
(providing always that proper steps are taken to protect the confidentiality of
information from being made public). In this list references to ‘the anonymised
party’ include that party’s appointed representatives and advisers, such as
solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised
party 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) Communications between the Court Funds Office, the anonymised
party, and any financial institution concerned as to the receipt or
investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any
financial institution concerned as to the receipt or investment of the
Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their
advisers of their unredacted files for the purposes of their continuing
functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their
successors in title and their legal and professional advisers, reinsurers,
HM Revenue and Customs (or its successor), the Compensation
Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and
advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised party.
Communications by or on behalf of a paying party for the purposes of ascertaining
whether the anonymised party is alive, so entitled to continuing periodical payments.