Plymouth City Council v ABC

Plymouth City Council v ABC

The defendant is not entitled to raise the 1992 Act at this late stage because it was not previously argued and the court's order had been perfected. Even if the point could be raised, the 1992 Act does not require anonymity in these civil proceedings as there is no allegation of a qualifying offence within the meaning of the Act, and the Act does not apply outside criminal proceedings.

Parties
Claimant: Plymouth City Council; Defendant: ABC
Jurisdiction
England and Wales
Judgment Date
30 September 2022
Procedural Posture
Civil / Supplementary Judgment on Anonymity Application and Effect of Sexual Offences (amendment) Act 1992
Outcome
application for anonymity refused; supplementary judgment handed down in anonymised form
Legal Topics
Anonymity in Proceedings, Application of Sexual Offences (amendment) Act 1992, Appeal Procedure, Reporting Restrictions
Civil Procedure Employment Law Anonymity in Proceedings Application of Sexual Offences (amendment) Act 1992 Appeal Procedure Reporting Restrictions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Plymouth City Council

Claimant

ABC

Defendant

Procedural Posture

Civil / Supplementary Judgment on Anonymity Application and Effect of Sexual Offences (amendment) Act 1992

Legal Issues

  1. 1 Whether the defendant can raise the Sexual Offences (Amendment) Act 1992 at this stage of proceedings
  2. 2 Whether the 1992 Act requires anonymity in these civil proceedings
  3. 3 Whether the Act applies outside criminal proceedings

Ratio Decidendi

The defendant is not entitled to raise the 1992 Act at this late stage because it was not previously argued and the court's order had been perfected. Even if the point could be raised, the 1992 Act does not require anonymity in these civil proceedings as there is no allegation of a qualifying offence within the meaning of the Act, and the Act does not apply outside criminal proceedings.

Court Disposition

application for anonymity refused; supplementary judgment handed down in anonymised form

Orders

  • Supplementary judgment to be handed down in anonymised form and subject to same terms as original decision