Cases

Ivereigh v Associated Newspapers Ltd

Held

Granting the order, (1) the initial requirement of CPR 39.2(4) that anonymity be necessary in the interests of the witness was easily satisfied; (2) the question whether such an order is in the public interest cannot be answered by voicing the mantra of open justice; there is no general rule or principle which provides an answer; an intense focus must be applied to the competing rights, which included open justice and the Article 8 rights of X and her children, in the particular circumstances; (3) For this reason, AI's submission that the order sought would set a new precedent was wrong; (4) It was hard to follow how X's children could be kept anonymous if she was named; (5) AI had not managed to articulate why it was necessary for X to be named; (6) the order sought would not compromise the fairness of the proceedings or the ability of the public to understand them; (7) the balance came down in favour of the orders sought at the moment, although circumstances might change.

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