WRW -v- Lennox (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2022-MAN-000272

In the High Court of Justice
King’s Bench Division
Manchester District Registry

22 February 2024

Before:
His Honour Judge Sephton KC

Between:

WRW
(a Protected Party who proceeds by his daughter and Litigation Friend, SRS)

-v-

Mr Ian Lennox

Anonymity Order

BEFORE His Honour Judge Sephton KC sitting as a Judge of the High Court in Manchester on 22nd February 2024

UPON HEARING Christopher Taft, counsel for the Claimant and Michael Lemmy, counsel for the Defendant and with the Claimant’s Litigation Friend being present remotely.

AND UPON:
(1) Consideration of the Claimant’s Article 8 rights 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 Claimant is necessary in order to protect the interests of the Claimant.
(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 purposes of this order includes any further publication (as defined in sub-paragraph (1) 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:

  1. The identity of the Claimant and Litigation Friend in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any other details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend 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:
    1. The Claimant shall be referred to as “WRW”
    2. The Litigation Friend shall be referred to as “SRS”
    3. The Claimant’s Attorney under the Lasting Power of Attorney shall be referred to as “SWS”
    4. 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.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or rder has been anonymised in accordance with subparagraphs 3(1) to (3) 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 or Litigation Friend.
  5. The Claimant’s 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 by 4pm on 14.03.24, 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 22nd February 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.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on 7 days’ notice to the Claimant’s Solicitor or Litigation Friend.
  8. Pursuant to the “Practice Direction: Publication of Privacy and Anonymity Orders” issued by the Master of the Rolls dated 16th 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 costs in the case.

DATED this 22nd day of February 2024