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 proceedings for judicial review of the Council’s housing allocation policy, and evidence of aspects of her mental health condition were referred to. She maintained that continued publication was causing her further and continuing distress.
Held: The appeal failed. ‘when confronted with an application for anonymity pursuant to CPR 39.2(4), the Court should have regard to the relevant principles set out in the authorities referred to . . above, and carry out the balancing exercise of the relevant interests under CPR 39.2 to determine whether ‘non-disclosure is necessary to secure the proper administration of justice and in order to protect the interests of that party or witness’. This is what the judge did below.’
and: ‘Further I do not accept that the provisions of section 166(4) of the Housing Act 1996 require this Court to come to a different result from that reached by the judge. Section 166(4) prevents the disclosure, without consent, of the fact that a person is an applicant for an allocation of housing accommodation. This is for understandable reasons given the scarcity of housing accommodation, and the need for applicants sometimes to satisfy detailed medical requirements which have been imposed by councils to form a basis for allocating accommodation. However Parliament did not extend the section to provide anonymity to claimants seeking judicial review of decisions made by the councils about the allocation of housing accommodation.’
McCombe, Moylan, Dingemans LJJ
[2020] EWCA Civ 1468, [2020] WLR(D) 610, [2020] 4 WLR 165, [2021] EMLR 9, [2021] HLR 13
Bailii, WLRD
European Convention on Human Rights, Civil Procedure Rules 39.2
England and Wales
Citing:
Cited – Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others CA 16-Apr-2019
Challenge to housing policy as discriminatory against Irish travellers or Kurdish refugees. . .
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, and contended that if distressing details about the stillbirth and her subsequent mental illness were publicly reported, then that would further damage . .
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 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 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 – 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 – W v M (TOLATA Proceedings: Anonymity) FD 25-Jun-2012
Proceedings in the Family Division were anonymised after the proceedings had been compromised, even though an earlier application for anonymity had been refused. . .
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 – 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 – 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 – Moss v Information Commissioner CA 15-May-2020
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European . .
Cited – Kalma and Others v African Minerals Ltd and Others QBD 29-Jan-2018
A threshold of seriousness was required before the court will undertake a balance of the competing interests to decide whether to make an order for anonymity. . .
Cited – Moss v Information Commissioner CA 15-May-2020
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European . .
Cited – Suez Fortune Investments Ltd and Another v Talbot Underwriting Ltd and Others ComC 5-Nov-2018
Constructive total loss claim under a war risks policy on the vessel BRILLANTE VIRTUOSO which is being defended on the grounds that the vessel was ‘scuttled’ by her Owner. Disclosure of identity of witness: ‘ In considering an application for . .
Cited by:
Cited – Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
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 . .
Cited – Money v AB ChD 10-Nov-2021
Anonymity – balance in favour of open justice
Ruling on an application by the Defendant for anonymity.
Held: Refused: ‘The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Human Rights
Updated: 17 November 2021; Ref: scu.655577
