XYZ -v- SOSJ (anonymity order)
Claim Number: L01ZA765
In the County Court at North Shields
24 September 2024
Before:
District Judge Phillips
Between:
XYZ
-v-
SOSJ
Anonymity Order
Before District Judge Phillips sitting at the County Court at North Shields, Kings Court, Earl Grey Way, Royal
Quays, North Shields, NE29 6AR.
UPON hearing the Claimant in person by telephone and Counsel for the Defendant by video link
AND UPON the Claimant contending that insufficient notice had been given of the Defendant’s application notice
dated 17 September 2024 and issued on 18 September 2024 and the Court agreeing
AND UPON the Claimant complaining that the orders made by DJ Davies on 1 August 2024 and by HHJ
Freedman on 20 August 2024 failed to comply with page 14 of the Equal Treatment Bench Book
AND UPON the Claimant inviting the Court to list a “…case management hearing and talk the LIP through their
claim, extracting the required particulars and recording them in the case management order…” as provided for
in the Equal Treatment Bench Book at page 14
AND UPON the Defendant requesting that this matter be reserved to DJ Phillips and the Claimant requesting
that it be heard by DJ Temple and the Court resolving that it should be listed before the first DJ that becomes
available to hear it
AND UPON the present hearing being listed for directions only and not for the hearing of the Defendant’s
application notice dated 17 September 2024
AND UPON the Court considering the reasonable adjustments necessary for the Claimant to participate in the
hearing today and endeavouring to put in place and appropriate procedure and in sitting over the majority of lunch
to accommodate the issues that the Claimant wished to raise
CASE MANAGEMENT ORDER:
- The hearing is adjourned to a further case management hearing at which the Court shall:
a. consider the Particulars of Claim filed by the Claimant in light of page 14 of the Equal Treatment Bench Book
and give any relevant directions;
b. thereafter consider further directions for the consideration of the Defendant’s application notice dated 17
September 2024; and
c. thereafter consider any further directions which the Court deems necessary. - That hearing shall take place on at 10am on 12 December 2024 by way of video link and one full day has
been allowed for the hearing. - HMCTS shall contact the Claimant on the business day before the hearing by appointment to ensure that the
Claimant’s laptop and the Court’s video hearing link are compatible. HMCTS shall make the arrangements in this
regard directly with the Claimant and no District Judge shall be involved in the test. - No later than 4pm on 14 November 2024 the Defendant shall if they wish to do so file at court and serve upon
the Claimant any further evidence and/or skeleton argument or opening note in relation to the exercise the court
is to undertake under paragraph 1 (a) above. - No later than 4pm on 5 December 2024 the Claimant shall if they wish to do so file at court and serve upon
the Defendant any further evidence and/or skeleton argument or opening note in relation to the exercise the court
is to undertake under paragraph 1 (a) above. - In either case if the party does NOT intend to file any such documentation they should inform the other and
the court by the relevant deadline by providing a “nil return”. - Costs in the case.
ADDITIONAL ORDER:
- There shall be an anonymisation order in place regarding these proceedings and the court orders that:
a. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
b. 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 or any other details (including other names, addresses or a specific
combination of facts) that could lead to the identification of XYZ as the Claimant in these proceedings. The
Claimant shall be referred to as XYZ.
c. 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 XYZ;
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.
d. 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
sub-paragraph 8 (c) above;
e. If a person who is not a party to the proceedings applies (pursuant to CPR 5.4C(1), (1A) 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;
f. Within 28 days of service of this order, each party shall re-file any statement of case it has served with the
Claimant’s name anonymised in accordance with this order;
g. The Court File shall clearly be marked with the words: “An anonymity order was made in this case on 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”;
h. 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 at least 14 days’ notice to the Claimant;
i. Pursuant to the “Practice Guidance: 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 website of the Judiciary for England
and Wales.
Dated 23 September 2024