WXL -v- Vale of Glamorgan Council (anonymity order)

County CourtAnonymity Order

Claim Number: L00CD130

In the County Court at
Chesterfield

9 May 2024

Before:
District Judge Revitt

Between:
WXL (A Child By Their Litigation Friend, The Official Solicitor)
-v-
Vale Of Glamorgan Council

Anonymity Order

Before District Judge Revitt sitting at the County Court at Chesterfield, Justice Centre, Tapton Lane, Chesterfield, Derbyshire, S41 7TW.

UPON reading an Application Notice by the Claimant dated 26 April 2024 AND UPON CONSIDERATION:
(1) of the Claimant’s Article 8 right to respect for a private and family life and the Article 10 right to freedom of expression;

(2) that the Claimant is a minor and is represented by their Litigation Friend; and

(3) of the Defendant indicating their consent to the making of the Order

AND UPON IT APPEARING that the non-disclosure of the identity of the Claimant is necessary in order to protect the public interest of the Claimant and that there is not sufficient countervailing public interest in disclosure

AND PURSUANT to rules 16, 39.2(4), 5.4C and 5.4D of the Civil Procedure Rules, section II of the Contempt of Court Act 1981 and section 6 of the Human Rights Act 1998

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

BY CONSENT IT IS ORDERED THAT

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimant, the 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 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:
    (i) The Claimant shall be referred to as “WXL” and his or her address shall be noted as being courtesy of the Claimant’s solicitors;
    (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.
  4. 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 (ii) 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 documentation or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
  1. The Court file shall be clearly marked with the words “Anonymity order was made on this case on 2 May 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.
  2. 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.
  3. 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.
  4. The costs of obtaining this order be costs in the case.

EXCEPTIONS:

  1. The provisions of this Order shall not apply to:

(i) Communications between the Court Funds Officer and the anonymised party in relation to the payment of money into the Court Funds Officer 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 of investment of such money;

(iii) Records kept by the Court Funds Officer, the anonymised party, and any financial institution concerns 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, 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 advisors in managing that party’s affairs;

(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party;

(viii) 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.

Dated 2 May 2024