CVB v MGN Ltd

CVB v MGN Ltd

A r.16 anonymity order is not relief granted 'against' the defendant within the meaning of HRA s.12(2) or CPR r.23, and there is no requirement to give notice to the intended defendant or others before making such an order. The order is a necessary and proportionate derogation from open justice in this case to protect the claimant's and her children's private and family life, but must be kept under review and limited to what is necessary.

Parties
Claimant: CVB; Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
03 May 2012
Procedural Posture
Civil / Interlocutory Application to Set Aside or Vary Anonymity Order
Outcome
Anonymity order continued with modifications; order under CPR r.5.4C restricting non-party access to identifying information continued; time for service of Defence extended by 7 days.
Legal Topics
Anonymity Orders, Open Justice, Freedom of Expression, Privacy, Civil Procedure Rules, Reporting Restrictions
Civil Procedure Media Law Privacy Law Anonymity Orders Open Justice Freedom of Expression Privacy Civil Procedure Rules +1 more

Case Brief

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Parties

CVB

Claimant

MGN Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside or Vary Anonymity Order

Legal Issues

  1. 1 Whether an anonymity order (r.16 order) should be continued or set aside
  2. 2 Whether notice of an application for an anonymity order must be given to the defendant or others under HRA s.12(2) and CPR r.23
  3. 3 Whether the anonymity order is a necessary and proportionate derogation from open justice

Ratio Decidendi

A r.16 anonymity order is not relief granted 'against' the defendant within the meaning of HRA s.12(2) or CPR r.23, and there is no requirement to give notice to the intended defendant or others before making such an order. The order is a necessary and proportionate derogation from open justice in this case to protect the claimant's and her children's private and family life, but must be kept under review and limited to what is necessary.

Court Disposition

Anonymity order continued with modifications; order under CPR r.5.4C restricting non-party access to identifying information continued; time for service of Defence extended by 7 days.

Orders

  • Claimant dispensed from giving her name and address on the claim form, subject to qualifications.
  • Order under CPR r.5.4C restricting non-party access to identifying information in statements of case and witness statements continued.