X -v- Secretary of State for Education (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-BHM-000157

In the High Court of Justice
King’s Bench Division

Birmingham District Registry

8 June 2023

Before:

Her Honour Judge Emma Kelly

Between:

X

-v-

Secretary of State for Education (acting through her agency The Education and Skills Funding Agency)

Order

Before Her Honour Judge Emma Kelly sitting in the High Court of Justice, King’s Bench Division, Birmingham District Registry on 7 June 2023 and considering the matter on the papers

Upon the Claimant’s application dated 1 June 2023 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 or address of the Claimant in such a way as to make it identifiable to these proceedings. The Claimant shall be referred to as set out at paragraph 3(a) of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Claimant shall be referred to as “X.”
    b. Any other details which, on their own or taken together with other information publicly available, may lead to the identification of the Claimant shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:

a. 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.
b. If a person who is not a party to the proceedings applies (pursuant to CPR r. 5.4C(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.

  1. 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 [date – 21 days from date of the order], and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7 June 2023 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.”
  3. 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.
  4. 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
  5. The continuation of the anonymity order in favour of the Claimant will be reviewed at the on-notice hearing referred to in paragraph 11 below.
  6. The Claimant’s application insofar as it requests that the claim be consolidated with or tried together with claim number CO1191/2023 is to be listed at the hearing referred to in paragraph 11 below.
  7. The Claimant’s application, dated 1 June 2023, insofar it relates to a request that the claims be consolidated or tried together and the application for an interim injunction, shall be listed to be heard at the hearing already listed at Birmingham District Registry before a High Court Judge in claim number CO 1191/2023 on 12 July 2023. The time estimate of the hearing shall be increased to 3.5 hours.
  8. The Claimant shall by no later than 4pm on 5 July 2023 file a hearing bundle incorporating the documents relating to claim number KB-2023-BHM-000157 and CO 1191/2023.
  9. The Claimant shall effect service of this order forthwith.
  10. Costs reserved.
  11. In making this order the Court has disposed of part of an application pursuant to CPR 23.9 without service of a copy of the application notice. Any person who was not served with a copy of the application notice before the order was made may apply, within 7 days after the date on which the order was served on the person making the application, for the order to be set aside or varied.

Reasons

(i) An anonymity order in favour of the Claimant has already been made in claim number CO1191/2023. The issues arising in the two claims are based on the same factual matrix and the same reasons for preserving the Claimant’s identity to protect its interests apply equally in this case. Cognisant of the fact that this order is being made on paper, the question of the continuation of anonymity order will be reviewed at the on notice hearing.
(ii) This private law claim arises out of the same factual issues arising in the public law claim number CO1191/2023. The Claimant’s submission that an order be made on paper for the two claims to be consolidated or tried together is premature. The private law claim has not yet been served and no acknowledgment of service or defence has yet been filed. The question of permission in the public law claim is listed to be determined at a hearing on 12 July 2023. The outcome of the permission application will have a bearing on the appropriate case management of the private law claim. At this stage, whilst it is appropriate that the cases be listed together on the next occasion, it is not appropriate to make orders on paper that the cases be tried together or consolidated. The issue can be addressed at the on notice hearing.