Claim No: D72YJ764
County Court at Central London
8 November 2021
HHJ Freeland Q.C.
(A Protected Party, suing by his Mother and Litigation Friend, BB)
WHEREAS the Claimant has made a claim against the Defendants for damages for personal injuries suffered by him arising out of the Defendants’ negligence in an accident which occurred on the 1st April 2014 and in respect of which these proceedings were commenced by the Claimant against the Defendants
AND WHEREAS the Claimant is a Protected Party and brings this claim by his Litigation Friend
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 and Litigation Friend is necessary in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) and 39.2(5) 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 and no countervailing public interest in disclosure having been identified in relation to this part of the Order
AND UPON HEARING Counsel for the Claimant and Solicitor for the First, Second, Fourth and Fifth Defendants (hereinafter ‘the Defendants’) remotely by BT MEETME
IT IS ORDERED THAT:
- Pursuant to CPR Rule 39.2(4) there should be no publication of any material leading to the identification of the Claimant or his family and publication of any of the following is prohibited:
- The name and/or address of the Claimant;
- The name and/or address of the Claimant’s Litigation Friend;
- The name and/or address of the Defendants.
- That 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 Litigation Friend is prohibited.
- The Claimant and his Litigation Friend, shall hereinafter be referred to in these proceedings as “AA” and “BB” respectively and the Defendants shall be referred to only as “CC” (First Defendants), “DD” (Second Defendants), “EE” (Third Defendants), “FF” (Fourth Defendants) and “GG” (Fifth Defendants), and the heading of all documents and Orders in the claim (save for the existing master documents held on the Court File) should be amended accordingly forthwith.
- That 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.
- That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or that of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above and any document that is produced from the Court file shall be anonymised as aforesaid.
- That 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 Litigation Friend, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- Nothing in the two foregoing paragraphs shall prohibit the Defendants or the Defendants’ insurers from disclosing the Claimant’s name and address to their re-insurers, their legal and professional advisers or to HM Revenue and Customs or its successor any other person required by law.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied and the Court will effect service.
- A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as “AA” and the Litigation Friend as “BB” and the Defendants as “CC” (First Defendants), “DD” (Second Defendants), “EE” (Third Defendants), “FF” (Fourth Defendants) and “GG” (Fifth Defendants).
- Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraphs 3 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraphs 3 and 5 shall not apply in those respects.