(1) Because the applicant was (notwithstanding Counsel appearing pro bono on a direct access basis) litigating as a litigant-in-person, she could not have corresponded and/or received undertakings from the respondents without giving them (without protection) her name and address: the very confidential information she sought to protect. On this occasion, this was a compelling reason for the lack of notice, but it required a short notice Return Date within 2 days to allow the media to appear.
(2) It was necessary and proportionate to anonymise the applicant as AQA, hold the hearings in private, and to seal the court record under CPR rule 5.4C. Personal service would be dispensed with, under CPR Part 81, and all correspondence and service would be by email only. The Spycatcher principle would apply.
(3) AQA’s Article 8 rights manifested in her personal, private and sexual life; the threat to her continued practice of her occupation (although she was currently unemployed); her relationship with her son, who had special needs and was due to get his GCSE results the same day as her testimony at the inquest; and her son’s independent Article 8 rights. Although the media’s Article 10 rights and Open Justice were important, the very limited scope of the restrictions (surname, occupation and address) meant that Open Justice could be served without ‘disembodying’ reports of the proceedings, or interfering with AQA’s Article 8 rights.
(4) In all the circumstances, it was just and convenient to grant a privacy injunction against reporting the surname, occupation and address of the witness to coroners’ court proceedings, as long as her evidence itself was reported.
(5) Although impecunious, and likely to put the media to cost as well, it was important that injunctions were linked to Claim Forms, for filing and administrative purposes, especially if the order was varied or discharged upon application. The applicant would be required to undertake to issue proceedings, but the time would be extended to 48 hours from grant of the injunction (rather than ‘immediately’).