WRB, BRW -v- Ministry of Justice (anonymity order published under CPR 39.2(5)

CivilAnonymity Order

Claim Number: E00MY022

Mayor’s and City of London Court

14 August 2019

Before:

Judge Dight CBE

Between:

WRB

BRW

-v-

Ministry of Justice

 

Before His Honour Judge Dight CBE sitting at the County Court at Mayors & City Of London Court, The Guildhall Building, Basinghall Street, London, EC2V 5AR.

UPON the Claimant’s Application Notice dated 12 December 2018.

AND UPON District Judge Avent’s Order of 5 February 2019.

AND UPON the Claimants’ application for permission to appeal, dated 26 February 2019, in respect of which permission was granted by HHJ Wulwik on 8 May 2019.

AND UPON hearing counsel for the Claimants on 1 August 2019.

AND UPON the Defendant not appearing and not being represented but confirming that it maintains a neutral position in respect of the Claimants’ application for restrictions on open justice.

AND UPON reading the witness statement of XXX dated 12 December 2018.

AND PURSUANT TO section 6 (1) of the Human Rights Act taken with article 8 of the European Convention on Human Rights, CPR 5.4C(4) and CPR 39.2, the Judge being satisfied that it is strictly necessary.

IT IS ORDERED THAT: 

  1. This hearing shall be in private.
  2. Time for applying to set aside or vary District Judge Avent’s Order of 5 February 2019 be extended.
  3. The Claimants’ application for permission to be appeal be treated as an application to set aside District Judge Avent’s Order of 5 February 2019.
  4. District Judge Avent’s Order of 5 February 2019 be set aside.

IT IS FURTHER ORDERED THAT 

  1. There shall be substituted for all purposes in these proceedings, including on the Court’s SUPS Caseman system in place of references to the First Claimant by name reference to him by the letters “WRB” and in place of references to the Second Claimant by name reference to her by the letters “BRW”.
  2. To the extent necessary to prevent the identification of the Claimants other references, whether to persons, places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of any such adjustment.

(a) A non-party may not obtain or inspect any document from the Court records pursuant to CPR 5.4A-D or otherwise without further order of HHJ Dight CBE.

(b) Any non-party wishing to obtain or inspect any document from the Court records pursuant to CPR 5.4A- D must apply for permission to do so.

(c) If and in so far as permission is granted to a non-party to obtain any document or inspect any document from the Court records, that document must be edited/adjusted in accordance with paragraphs 5 and 6 of this Order so as to prevent the Claimants from being identified.

  1. Any party affected by this Order may apply on notice to vary or set aside the Order.
  2. There shall be no order as to costs.
  3. This matter be reserved to His Honour Judge Dight CBE.

Dated 1 August 2019