Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her name would have adverse psychological factors.
Held: The application was refused. The consent of all parties to such an application was not enough to justify such an order.
An anonymity order is a derogation from the principle of open justice, and an interference with that general public interest, protected in Articles 10 and 6.
An order under CPR 39.2(4) which anonymises a claimant and imposes restrictions on the disclosure of their identity can be made at any stage of the proceedings, including after a public judgment has been given, though the stage at which an application is made can be a factor.
These matters engage the Claimant’s rights under Article 8 ECHR and that they are of an intensely personal nature. The question . . is whether, balancing the Claimant’s rights under Article 8 ECHR with those that arise under Article 10 of the ECHR, in particular, it is – to return to the terms of CPR 39.2(4) – necessary to make the order sought to secure the proper administration of justice and in order to protect the interests of the Claimant.
The burden lies on the party applying for anonymity to justify the displacement of the rule that the proceedings – including for this purpose the names of the parties – are public. Unfortunately in this case, the applicant had provided no evidence to support her application.
‘The Claimant was not only a party to the Claim but the person who has brought it, the relevance being that it is not unreasonable to regard someone who initiates proceedings (certainly where they are, as the Claimant is, an adult litigant of full capacity) as having accepted the normal incidence of the public nature of court proceedings’
Deputy Judge Mathew Gullick QC
[2021] EWHC 736 (Admin)
Bailii
Civil Procedure Rules 39.2(4), Equality Act 2010 6
England and Wales
Citing:
See Also – Imam, Regina (on The Application of) v The London Borough of Croydon Admn 26-Mar-2021
Conditions for Anonymity Orders
The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing . .
Cited – XXX v Camden London Borough Council CA 11-Nov-2020
Anonymity in Court Proceedings – No two stage test
XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Regina (on the application of C) v Secretary of State for Justice SC 27-Jan-2016
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – Adebolado v Ministry of Justice QBD 2017
Application for anonymity order . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – Yalland and Others v Secretary of State for Exiting The European Union (629) Admn 3-Feb-2017
Application for anonymity order – challenge to constitutionality of proposed steps in leaving the EU.
Held: Granted for those applying for it.
The common law rights of the public and press to know about court proceedings are also . .
Cited – Zeromska-Smith v United Lincolnshire Hospitals NHS Trust QBD 8-Mar-2019
The Claimant sought damages for psychiatric injury arising out of the stillbirth of her daughter.
Held: The Court refused to grant an anonymity order to a mother in a clinical negligence case claiming psychiatric injury following the . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited by:
See Also – Imam, Regina (on The Application of) v The London Borough of Croydon Admn 26-Mar-2021
Conditions for Anonymity Orders
The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Human Rights
Updated: 01 November 2021; Ref: scu.660060