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Anonymity in Homelessness Litigation

Speaker: Eleri Griffiths
Date: 2025

HOUSING

Eleri is a civil and public law practitioner, and specialises in Public law, human rights
and civil liberties as well as actions against public authorities. Eleri is often instructed
to act in judicial review claims. She regularly puts forward untested and complex
points of law.
Here Eleri describes the mechanics of anonymity in homelessness litigation. She
begins by outlining terminology and types of orders, before overviewing general
principles and common law. This includes the cardinal rule and constitutional
principle of “open justice,” and cases where a departure from this may be legitimate
and justified. She gives practical guidance on how to handle and seek anonymity in
cases of judicial review and section 204 appeals, explaining how to draft orders. She
refers to relevant case law throughout.

Key words/topics:

Withholding Order
Reporting Restrictions Order
Anonymity Order
Access to Court File Order
General principles
Common law
Scott v Scott [1913] AC 417
“Open Justice”
JIH v News Group Newspapers Ltd [2011] EWCA Civ 42
R(on the application of CHF) v Newick Church of England Primary School [2021]
EWCA Civ 613; [2021] 3 FCR 78
CPR 39.2
XXX v Camden London Borough Council [2020] EWCA Civ 1468
Section 166(4) of the Housing Act 1996
Section 11 Contempt of Court Act 1981
CPR Part 5.4C and 5.4D
PMC v CWM Taf Morgannwg UHB [2025] EWCA Civ 1126

Judicial Review
Section 204 appeals
Draft orders

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