ZFD -v- the Family Court sitting at Derby (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

AC-2024-BHM-000166

In the High Court of Justice
King’s Bench Division
Administrative Court

Before:
Mr Justice Eyre

Between:
ZFD (Claimant)

-v-

The Family Court Sitting at Derby (Defendant)

and

FLD (Interested Party)

UPON perusal of the court file

UPON it appearing that non-disclosure of the identity of the Claimant and other persons is necessary in order to secure the proper administration of justice and to protect the interests of a child pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules

ORDER by the Honourable Mr Justice Eyre

1. Pursuant to CPR Rule 5.4A-5.4D and Rule 39.2, with effect from the date of this order and until further order:

(a) The Claimant shall hereinafter be referred to in these proceedings as “ZFD”, the Interested Party as “FLD”, and their child as “FEA” and there shall be substituted for all purposes of this case, in place of references to the names of the Claimant, the Interested Party, and of their child references to “ZFD”, “FLD”, and “FEA” respectively.

(b) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or the Interested Party as being parties in these proceedings or of their child as being connected with the proceedings.

(c) In paragraph (b) “publication” means communication to the public or any section of the public whether by way of report of the proceedings or otherwise. It includes publication in a newspaper or broadcast, or on the internet, by any person;

(d) Any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties;

(e) Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (i) the Claimant, the Interested Party, and their child  are referred to in those documents only as “ZFD”, “FLD”, and “FEA” respectively and (ii) any reference to the names of the Claimant, the Interested Party, and their child be deleted from those documents (f) Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).

Reasons

1. I take account of the importance of open justice. I am satisfied that nonetheless the anonymisation and related orders are necessary to secure the proper administration of justice. These proceedings are a claim for judicial review of a decision of the Family Court in respect of the child of the Claimant and the Interested Party. In the absence of anonymisation the identity of that child will become known. That child’s interests are likely to be harmed by public knowledge of its name and of the allegations being made in relation to that child.