XYZ -v- The Roman Catholic Bishopric of the Forces and others (anonymity orders)
Claim Number: KB-2023-004327
In the High Court of Justice
King’s Bench Division
29 May 2024
Before:
Master Brown
Between:
XYZ
-v-
(1) The Roman Catholic Bishopric of the Forces
(2) Charles Gosnell
(3) Discontinued – Bishop Philip Egan
Anonymity Order
UPON READING the Court Proceedings, the Claimant’s Application Notice dated 5 March 2024 and the witness statement of Mr Andrew Mark Lowe
AND UPON the Claimant’s Application Notice dated 5 March 2024 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
AND PURSUANT to Section 1 of the Sexual Offences (Amendment) Act 1992, 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:
- ‘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.
- Publication for the purpose of this Order includes any further publication (as defined in paragraph 1 above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
AND UPON the Court being satisfied that:
- The Claimant alleges that offences to which the Sexual Offences (Amendment) Act 1992 (as amended) applied have been committed against them by the Third Defendant.
- The Claimant has not waived his right to anonymity pursuant to Section 1 of the Sexual Offences (Amendment) Act 1992.
IT IS HEREBY ORDERED THAT:
- The identity of the Claimant as party to these proceedings is confidential and shall not be published.
- 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, 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.
- 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 “XYZ”
b. 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. - 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 the above paragraphs.
b. If a person who is not 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 solicitor. - The Court file shall be clearly marked with the words “An anonymity Order was made in this case on 29 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”.
- 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.
- 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.
- Costs in the case.