YE -v- Anonymised Party ZA and another (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-001356

In the High Court of Justice
King’s Bench Division

6 December 2024

Before:

Master Gidden

Between:

1. YE
(by her litigation friend YA)

-v-

1. Anonymised Party ZA
2. XA

Order

UPON hearing Leading Counsel for the Claimant and Leading Counsel for the Defendants
AND UPON the Claimant’s application for an anonymity order made orally by Leading Counsel for the Claimants;
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 rights of the public and the press;
AND UPON IT APPEARING THAT the non-disclosure of the identity of the Claimant in this case is necessary in order to protect the interests of the Claimant;
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED that:

  1. The identity of the Claimant and the litigation friend and those set out in paragraph 2 of this Order may not be disclosed.
  2. The Claimant, the litigation friend and the Defendants and family members of 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 follows:
    (a) the Claimant “YE”
    (b) the Litigation Friend: “YA”
    (c) the First Defendant: “ZA”
    (d) the Second Defendant: “XA”
  3. Any other details liable to lead to the identification of the Claimant, including any names of other immediate family members or their addresses shall be redacted before publication.
  4. The address of the Claimant and the 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.
  5. In so far as necessary, any statement of case or other document disclosing the names or addresses of those people referred to in paragraph 2 of this Order already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  6. The original of any such document disclosing the name or address of those referred to in paragraph 2 of this Order 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”.
  7. 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 High Court or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. 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 litigation friend is prohibited.
  9. The provisions of this Order shall not apply:
    (a) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
    (b) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    (c) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
  10. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  11. Costs in the case.