SA -v- Shaukat (anonymity order)
Claim No: QB-2021-004175
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 31/01/2022
Before
Master Gidden
Between:
SA
(A Protected Party by his Litigation Friend, Mr AA)
-v-
Arfan Shaukat
ANONYMITY ORDER
UPON HEARING Emily Formby, Queen’s Counsel, on behalf of the Claimant and upon
an oral application made on 31 January 2022
AND Stuart Giddings, Partner DWF Law LLP, on behalf of the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is
necessary in order to protect the interests of the Claimant and the Court being satisfied
that an Order in the terms below is necessary to protect the interest of the Claimant
and his family and that there is no countervailing public interest in disclosure.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the
Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED THAT:
1. The identity of the Claimant and of the litigation friend shall not be disclosed.
2. That pursuant to CPR 39.2(4) the Claimant and the litigation friend be described in
all statements of case and other documents to be filed or served in the proceedings
and in any judgment or order in the proceedings and in any report of the
proceedings by the press or otherwise as “SA” and “AA”.
3. The address of the Claimant and of the litigation friend be stated in all statements
of case and other documents to be filed or served in the proceedings as the
address of the Claimant’s solicitors.
4. In so far as necessary, any statement of case or other document disclosing the
Claimant’s name or address or the name or address of the litigation friend already
filed in the proceedings be replaced by a document describing such name or
address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant
or of the litigation friend is to be placed on the Court file in a sealed envelope
marked “not to be opened without the permission of a Judge, Master or District
Judge of the Queen’s Bench Division”. Any electronic file held by the Court shall
be marked “Confidential – not to be opened without the permission of a Judge,
Master or District Judge of the Queen’s Bench Division”
6. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain
a copy of a statement of case, judgment or order from the Court records only if the
statement of case, judgment or order has been anonymised such that (a) the
Claimant is referred to as SA (b) the address has been deleted from those
documents and (c) all details that may lead to their identification are omitted or
deleted.
7. A non-party may not inspect or obtain a copy of any document on or from the Court
file (other than this order duly anonymised as directed) without the permission of a
Master or District Judge. Any application for such permission must be made on
notice to the Claimant, and the Court will affect service. The file is to be retained
by the Court and marked “Anonymised”.
8. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant or litigation friend. The publication
of the name and address of the Claimant or of any member of the Claimant’s
immediate family or the name and address of the litigation friend is prohibited.
9. Nothing in paragraphs 1 to 8 above shall prohibit the parties from disclosing the
Claimant’s name, address or any other information tending to identify him to the
Compensation Recovery Unit of the Department for Work and Pensions and/or the
Defendant, his insurers or his insurer’s successors in title, reinsurers, their legal
and professional advisers or an annuity provide or to HM Revenue & Customs (or
its successor) or any other person required by law.
10. The Claimant do by 14 February 2022 draw and file this Order and serve the same
on the Defendant.
11. A copy of this order shall be published on the Judicial Website of the High Court of
Justice specifying that the Claimant shall be referred to as AS and his Litigation
Friend as AA.
12. Any non-party affected by this Order may apply on notice to all parties to have this
Order set aside or varied.
DATED this 31ST day of January 2022