ZX -v- Bath & North East Somerset Council (anonymity order)

County CourtAnonymity Order

Claim Number: L00BA071

In the County Court at Bath

22 July 2024

Before:
District Judge Byass

Between:
ZX
-v-
Bath & North East Somerset Council

Order

Before District Judge Byass sitting at the County Court at Bath, The Law Courts, North Parade Road, Bath, Somerset, BAI 5AF.

UPON HEARING Counsel for the Claimant and the Defendant not attending, having notified the Court that it did not intend to attend or be represented

UPON HEARING the Claimant’s application dated 08.03.24

UPON the Court noting that the Claimant will reach the age of majority in just over a month and that upon reaching the age of majority the Claimant will not require a Litigation Friend, and that pursuant to CPR rule 3.1(2)(f) the Court may order a stay until a specified date or event

AND UPON:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) 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.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

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.
(3) Provided that that proper steps are taken to protect the confidentiality of information from being made public insodoing, publication for the purpose of this Order does not include, and therefore does not prohibit the following steps taken in order to meet continuing functions and obligations in relation to the claim:
a. Retention of records by all parties to the claim, their representatives, their insurers and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
b. Communications between any party to the claim, their legal representatives, their insurers, their professional advisers, witnesses and potential witnesses of fact and/or their Part 35 experts or potential Part 35 experts.
c. Communications with HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
d. Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.

IT IS ORDERED THAT

  1. The Claim is stayed until 4pm on 26.08.24 being the day after the Claimant reaches the age of majority. For the avoidance of doubt the stay is procedural only and does not prevent either party from corresponding about or internally investigating the claim.
  2. The requirements for the claim form to identify the Claimant and to provide the address at which she resides in CPR Practice Direction 16.2 are dispensed with. The Claimant has permission to use her solicitor’s address on the claim form pursuant to CPR Practice Direction 16.2.1.
  3. The Claimant has permission to rely upon an amended anonymised claim form pursuant to this order and has permission to file a copy of the amended anonymised claim form pursuant to this order at the County Court at Bath by no later than 4pm on 29.07.24.
  4. When the Claimant’s solicitors serve proceedings on the Defendant in due course they shall serve the sealed amended anonymised claim form together with a copy of this order.
  5. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  6. 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 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 7 of this Order.
  7. 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 “ZX”.
    (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.
  8. 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 subparagraphs 3(i) to (ii) above.
    (ii) If a person who is not a 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, trustee or deputy.
  9. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 22.07.24 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.”
  10. 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, trustee or deputy.
  11. 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 website of the Judiciary of England and Wales (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.
  12. Failure to comply with the terms of this order may be a contempt of court within the meaning of the Contempt of Court Act 1981.
  13. The Defendant may apply to have this order varied or set aside by 4pm on 05.08.24.
  14. The Claimant’s solicitors shall send a copy of the sealed version of this order within 7 days of receipt.
  15. Costs in the case.