AAA and another -v- DDD and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-NCL-000019

In the High Court of Justice
King’s Bench Division
Newcastle Upon Tyne District Registry

20 June 2024

Before:
His Honour Judge Freedman sitting as a Judge of the High Court

Between:
(1) AAA (as a Dependant of BBB, deceased)
(2) AAA (as Administrator of the Estate of CCC, deceased)
-v-
(1) DDD
(2) EUI Limited

Anonymity Order

UPON hearing counsel for the Claimant and Counsel for the Defendants

AND UPON:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the Order and there being no representations from the press or any other interested party.

AND PURSUANT to Section 6 of the Human Rights Act 1998; Section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS:
(1) For the purposes of this Order:
(i) ‘Publication’ includes any speech, writing, broadcast or other communications in whatever form (including internet and social media) which is addressed to the public at large or any section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this Order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to the ‘anonymized party’ include that party’s appointed representatives and advisers, such as a solicitor, Litigation Friend, attorney, trustee, and deputy.
(i) Communications between the Court Funds Office and the anonymized party in relation to the payment of money into the Court Funds Office for the benefit of the anonymized party or the investment or treatment of payment out of such money.
(ii) Communication between the Court Funds Office, the anonymized party and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iii) Records kept by the Court Funds Office, the anonymized party and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisors of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers or their successors in title and their legal and professional advisors, reinsurers, HM Revenue and Customs (or it’s successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymized party’s representatives and advisors in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice, or treatment for the anonymized party.


IT IS ORDERED THAT:

  1. The identity of the child dependents in these proceedings is protected and shall not be published.
  2. Pursuant to CRP Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the child dependents or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of them in these proceedings. The parties shall be referred to as set out in paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in
    relation thereto:
    (i) The Claimant shall be referred to as AAA
    (ii) The Deceased in the First Claim shall be referred to as BBB and the Deceased in the Second Claim shall be referred to as CCC respectively.
    (iii) The First Defendant shall be referred to as DDD.
    (iv) The Dependent minors, in age order, shall be referred to as EEE, FFF and GGG
    (v) Any other details liable to lead to the identification of the children (including any names of other immediate family members and including the adult dependents in these claims or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment, or order from the Court records unless the statement of case, judgment or order has been anonymized in accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C (18} or (2)) for permission to inspect or obtain a copy of any other documents or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee, or deputy.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 20.06.2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  6. Any interested party, whether or not a party to proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant’s solicitor, trustee, or deputy, and that 7 days’ prior notice of the intention to make an application is given.
  7. Pursuant to the’ Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www. judiciary.uk). For that purpose, a court officer will send a copy of the Order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  8. The costs of obtaining this Order be costs in the case.