XYZ -v- PQR (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: A90NE070

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

23 April 2024

Before:
His Honour Judge Freedman

Between:

XYZ
(A Child proceeding by her Father and Litigation Friend TUV)

-v-

PQR

Anonymity Order

BEFORE His Honour Judge Freedman sitting as a Deputy Judge of the High Court at Newcastle District Registry on 10 April 2024

WHEREAS the Claimant is both a protected party and protected beneficiary and brings the claim by her Litigation Friend

AND UPON the Claimant having applied for an order in the terms set out below

AND UPON HEARING Mr Ben Collins KC for the Claimant and Counsel for the Defendant

AND UPON
(1) consideration of the Article 8 rights of the Claimant 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 to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure;
(3) the Defendant indicating their 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; section 11 of the Contempt of Court Act 1981; 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 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 such a previous stage or stages of these proceedings;

IT IS ORDERED BY CONSENT 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 be no publication of the Further Order made on 10 April 2024.
  3. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “XYZ”
    (ii) The Claimant’s Litigation Friend shall be referred to as “TUV”
    (iii) The Defendant shall be referred to as “PQR”
    (iv) Any other facts or details which, on their own or taken together, or taken together with other information publicly available, may lead to the identification of the Claimant (including any names or addresses of other immediate family members of the Claimant) 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, judgement or order from the Court records unless the statement of case, judgement or order has been anonymised in accordance with subparagraphs 3(i) to (iii) 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 legal representative.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10 April 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”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitors.
  7. 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.
  8. The costs of obtaining this order be costs in the case.

DATED 23 April 2024