XAB -v- XXX (anonymity order published under CPR 39.2(5)
Claim No: HQ13X00725
In the High Court of Justice
Royal Courts of Justice
Queen’s Bench Division
6 June 2019
Before:
Master Eastman
Between:
XAB
(A Child Proceeding by her Mother and Litigation Friend, YCD)
-v-
XXX
UPON the application of the Claimant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant, the Litigation Friend and the Defendant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED THAT:
(1) That the identity of the Claimant, the Claimant’s Litigation Friend, and the Defendant be not disclosed.
(2) That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “XAB”,
(3) That the Claimant’s Litigation Friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “YCD”.
(4) That the Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “XXX”.
(5) That the address of the Claimant and of the Claimant’s Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors. The address of the Defendant in such documents be stated as the address of the Defendant’s solicitors.
(6) That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address, or the name or address of the Claimant’s Litigation Friend, or the Defendant, already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
(7) That the original of any such document disclosing the name or address of the Claimant or of the Claimant’s litigation friend or of the Defendant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
(8) That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
(9) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the Claimant’s Litigation Friend, or the Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Claimant’s Litigation Friend or the Defendant is prohibited.
(10) That the Claimant does within 7 days draw and file this Order and serve the same on the Defendant.
(11) That the Claimant does comply with rule 23.9(2) by service on the Defendants.
(12) That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
(13) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
DATED this 6th day of June 2019