WHX and others -v- The Home Office (anonymity order)
Claim number: K02CL691
In the County Court at Central London
26 November 2024
Before:
Her Honour Judge Bloom
Between:
WHX
(1st Claimant)
SHX
(2nd Claimant)
AHX
(3rd Claimant, a child by their father as Litigation Friend)
MHX
(4th Claimant, a child by their father as Litigation Friend)
-v-
The Home Office
Anonymity order
This Order has been amended under the slip rule CPR40.12
Before Her Honour Judge Bloom sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL.
AND UPON an anonymity order having previously been made in the High Court on 18 May 2023 by DHCJ Clare Padley in respect of the First Claimant, which also ordered the transfer of the proceedings to the County Court
AND UPON the parties agreeing for anonymity to be granted to the Second, Third and Fourth Claimants:
(1) On consideration of the Article 8 ECHR rights of the Second, Third and Fourth Claimants to respect for private and family life, and the Article 10 ECHR right to freedom of expression;
(2) It appearing that non-disclosure of the identity of the Second, Third and Fourth Claimants is necessary to secure the proper administration of justice and in order to protect their interests and that there is no sufficient countervailing public interest in disclosure; and
(3) The Defendant indicating its agreement 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; and
(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.
UPON the application of the Claimants and upon the Defendant agreeing to the same:
IT IS ORDERED THAT:
Anonymity Order (Form PF10)
(1) Paragraph 2 of the Order of HHJ Bloom dated 19 August 2024 is varied to say “The proposed 2nd, 3rd and 4th Claimants shall be added as Claimants and shall be known as SHX (2nd Claimant), AHX (a child by their father WHX as Litigation Friend) (3rd Claimant) and MHX (a child by their father WHX as Litigation Friend) (4th Claimant).
(2) The identities of the Claimants as parties to these proceedings are confidential and shall not be published.
(3) 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 Claimants, the Third and Fourth Claimant’s Litigation 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 the Claimants in these proceedings. The Claimants and the Litigation Friend shall be referred to as set out at paragraph (4) of this Order.
(4) In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Second Claimant shall be referred to as ‘SHX’;
(ii) The Third Claimant shall be referred to as ‘AHX (a child by their father WHX as Litigation friend)’;
(iii) The Fourth Claimant shall be referred to as ‘MHX (a child by their father WHX as Litigation friend)’;
(iv) The Litigation Friend shall be referred to as ‘WHX’; and
(v) 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.
(5) 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 (4)(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.
(6) 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 5 above within 21 days from 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.
(7) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 18 November 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.”
(8) 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.
(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), redacting the names in paragraph 4. For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
(10) As part of the overall settlement of the claim, in respect of the application for anonymity, the Defendant is to pay the Claimants’ reasonable costs on the standard basis to be subject to a detailed assessment if not agreed.
(11) There shall be a detailed assessment of the Claimants’ publicly funded costs.
Dated 18 November 2024