YNG -v- Chief Constable of Sussex Police (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-002939
In the High Court of Justice
King’s Bench Division
Administrative Court
17 December 2024
Before:
The Honourable Mr Justice Ritchie
Between:
The King on the application of
YNG
-v-
Chief Constable of Sussex Police
and
Will Ducie
(Interested party)
Order
BEFORE The Honourable Mr Justice Ritchie, sitting at the Royal Courts of Justice, the Strand, London on 17.12.2024.
UPON THE COURT hearing from Ms Milligan of Counsel for the Defendant and from the Claimant in person.
AND UPON the Interested Party not appearing nor making any written representations.
AND UPON the Defendant’s solicitor informing the Court that the Interested Party had emailed to inform the Court that he had chosen not to challenge the proceedings and the Defendant’s consent to the quashing order.
AND UPON permission for judicial review on all grounds having been granted by David Pievsky sitting as a deputy High Court Judge on 29.10.2024.
AND UPON the matter having been listed for a disposal hearing for 30 minutes.
AND UPON Ground 1 of the judicial review claim having been conceded by the Defendant.
AND UPON the Defendant agreeing that the appropriate remedy is for the Court (1) to quash the Defendant’s decision to resolve the investigation by issuing a conditional caution and (2) to set aside the conditional caution issued to the Interested Party.
AND UPON the Claimant informing the Court that she wishes for the Court to determine the other grounds for judicial review and the claim for further, mandatory relief relating to the Defendant’s investigation.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4) and S.11 of the Contempt of Court Act 1981 and the inherent jurisdiction of the Court.
AND UPON the Court considering PMC v A Local Health Board [2024] EWHC 2969 (KB) and deciding not to follow the parts of that ruling in so far as they determined that this Court does not have power to grant anonymity.
AND UPON the Claimant making a written application for anonymity in her skeleton and:
(1) The Court considering that the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression and the need for open justice and concluding that there are exceptional circumstances justifying protection of the Claimant’s identity due to her being a victim of sexual voyeurism by the Interested Party.
(2) The Court concluding 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 of her identity.
(3) The Defendant not opposing the making of the order and there being no representations from the press or any other interested party.
(4) There being no evidence before the Court that the claim had attracted any previous publicity.
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 a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
Anonymity
1. The identity of the Claimant as a party to these proceedings shall not be published.
2. Pursuant to CPR 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 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 shall be referred to as set out at paragraph 3 of this Order.
3. 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 YNG;
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 immediately family members or their addresses) shall be redacted before publication.
4. 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 subparagraphs 3(i) to (iii) above.
b. If a person who is not a party to the proceedings applies (pursuant to CPR 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.
c. The Claimant shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4pm Friday 31 January 2025
5. The Court’s paper and electronic files shall be clearly marked with the words “An anonymity order was made in this case on 17 December 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 or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant.
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 at judicialwebupdates@judiciary.uk.
Directions
8. The claim is adjourned, to be listed on the first available day after 18 April 2025, time estimate half a day with two hours of judicial pre-reading time.
9. Any application to be made by either the Claimant or the Defendant on the outstanding issues in this case shall be made by no later than 4pm on 28 February 2025.
10. The Claimant shall file and serve a skeleton argument (or confirm that she intends to use her existing skeleton argument) by 28 March 2025.
11. The Defendant shall file and serve a skeleton argument in response by 11 April 2025.
12. In preparation for the re-listed hearing, the Claimant must endeavour to agree the contents of a hearing bundle, chronology and list of issues with the Defendant, and to file a hearing bundle, chronology and list of issues no later than 7 days before the relisted hearing.
13. The costs of today are reserved.