WFZ -v- British Broadcasting Corporation (anonymity order)
Claim Number: KB-2023-002567
In The High Court Of Justice
King’s Bench Division
29 June 2023
Before:
Mrs Justice Collins Rice
Between:
WFZ
-v-
British Broadcasting Corporation
Anonymity Order
UPON the Claimant’s application by Application Notice dated 9 June 2023 seeking injunctive relief (“the Claimant’s Application”)
AND UPON Nicklin J making an Anonymity and Reporting Restriction Order dated 8 June which (in summary) (i) withheld the Claimant’s name from the public in connection with these proceedings (ii) imposed a reporting restriction (iii) restricted access to documents held on the Court file and (iv) was subject to review at the hearing fixed for 14 June 2023
AND UPON Collins Rice J by Order dated 14 June 2023 continuing the derogations from open justice contained in Nicklin J’s Order of 8 June 2023 to be reviewed after judgment on the Claimant’s Application
AND UPON hearing Leading Counsel for the Claimant and Leading Counsel for the Defendant on 14 and 19 June 2023
AND UPON the Court handing down judgment on the Claimant’s Application in Private and Public versions on 29 June 2023
IT IS ORDERED that
ANONYMITY
- Pursuant to s.6 Human Rights Act 1998, and/or CPR 39.2 the Judge, being satisfied that it is strictly necessary, ordered that:
a. the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in open court; and
b. there be substituted for all purposes in these proceedings in place of references to the Claimant by name, and whether orally or in writing, references to the letters “WFZ”.
The Claimant’s name on CE-file will be anonymised in accordance with this paragraph.
REPORTING RESTRICTION
- Pursuant to s.11 Contempt of Court Act 1981, there shall be no publication of the identity of the Claimant or of any matter likely to lead directly or indirectly to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings, provided that nothing in this Order shall prevent the publication, disclosure or communication of any information which is contained in this Order.
- For the avoidance of doubt, paragraph 2 above prohibits the publication of reports which connect these proceedings with information concerning the police investigation into the Claimant that has before the making of this order been placed in the public domain by the UK national media (which does not include the Claimant’s name).
RESTRICTIONS ON ACCESS TO DOCUMENTS ON THE COURT FILE - Upon the Judge being satisfied that it is strictly necessary:
a. Without further order of the Court, a non-party may not obtain access to or copies of any of the documents set out below (“the Restricted Documents”) from the Court file:
i. the Private version of the judgment of Collins Rice J dated 29 June 2023
ii. any confidential schedules to any (i) statements of case; (ii) witness statements; (iii) applications; (iv) Orders; (v) skeleton arguments
iii. the witness statement of Edward Campbell dated 9 June 2023.
b. Any non-party wishing to obtain access to or copies of the Restricted Documents, must make an application to the Court, such application to be made by Application Notice served on the parties at least 24 hours before the Application is made.
APPLICATIONS TO VARY/DISCHARGE
- Any Application by a non-party to vary or discharge this Order must be made by Application Notice, served on the parties at least 24 hours before the Application is made.
PUBLICATION OF THIS ORDER - Pursuant to CPR 39.2(5) a copy of this Order will be published on the Judiciary Website
COSTS - The parties are to file and serve written submissions on costs as directed by the Court.