ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)

ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)

The Defendant failed to provide evidence or comply with procedural requirements necessary for a non-disclosure order; sensitivity of allegations and social standing are insufficient grounds under established guidance; prior anonymity order does not justify a non-disclosure order.

Citation
[2013] EWHC 3020 (QB)
Parties
Claimant: ABC; Defendant: Avtar Lit
Jurisdiction
England and Wales
Judgment Date
10 October 2013
Procedural Posture
Civil Tort (assault) / Interlocutory Application for Non Disclosure Order
Outcome
Application dismissed
Legal Topics
Non Disclosure Orders, Anonymity Orders, Open Justice, Article 10 ECHR, Article 8 ECHR
Civil Procedure Human Rights Non Disclosure Orders Anonymity Orders Open Justice Article 10 ECHR Article 8 ECHR

Case Brief

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Parties

ABC

Claimant

Avtar Lit

Defendant

Procedural Posture

Civil Tort (assault) / Interlocutory Application for Non Disclosure Order

Legal Issues

  1. 1 Whether a non-disclosure order should be continued to prohibit disclosure of default judgment and party identity
  2. 2 Whether the application complied with Practice Guidance and procedural requirements

Ratio Decidendi

The Defendant failed to provide evidence or comply with procedural requirements necessary for a non-disclosure order; sensitivity of allegations and social standing are insufficient grounds under established guidance; prior anonymity order does not justify a non-disclosure order.

Court Disposition

Application dismissed

Orders

  • Defendant's application for a non-disclosure order is refused; previous order lapses.