Claim number: H90MA085
In The High Court Of Justice
King’s Bench Division
5 July 2023
AAA (A Protected Party, suing by her Litigation Friend, BBB)
CCC and Covea Insurance PLC
BEFORE HHJ Sephton K.C. sitting as a judge of the High Court at the Manchester Civil Justice Centre on the 5th July 2023
WHEREAS the Claimant has made a claim against the Defendants for damages for personal injuries suffered by her arising out of an accident involving the Claimant and the First Defendant, which occurred on the 31st December 2018 (“the Accident”), and in respect of which these proceedings were commenced by the Claimant against the Defendants and in respect of which a compromise has been reached
AND WHEREAS the Claimant is a Protected Party and brings this claim by her Litigation Friend
AND UPON consideration of the Application Notice, dated the 28th June 2023, and the supporting witness statement of Ms. Katryn Mercer, dated the 27th June 2023
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 PURSUANT to rule 39.2(4) and 39.2(5) of the Civil Procedure Rules and section 11 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 Mr. Lee Nowland, Counsel for the Claimant, and Mr. Niall Maclean, Counsel for the Second Defendant
AND UPON the Second Defendant taking a neutral stance to this Application
AND UPON the First Defendant being neither present nor represented
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 her family and publication of any of the following is prohibited:
a. the name and/or address of the Claimant;
b. the name and/or address of the Claimant’s Litigation Friend;
c. the name and/or address of the First Defendant.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or Litigation Friend is prohibited.
- The Claimant and her Litigation Friend shall hereinafter be referred to in these proceedings as “AAA” and “BBB” respectively and the First Defendant shall be referred to only as “CCC” 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 of 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 this Order shall prohibit the Second Defendant and its legal representatives from disclosing the Claimant’s name and address to their re-insurers, to their legal and professional advisers and representatives, or to the CRU, the DWP and to HM Revenue and Customs and/or their successors or to 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 “AAA” and the Litigation Friend as “BBB” and the First Defendant as “CCC”.
- 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.
- The provisions of this Order shall not apply to:
a. communications between the Claimant’s Solicitors/Court of Protection and the anonymised parties and the Second Defendant’s Solicitors in relation to payments or investments of monies for the benefit of the Claimant;
b. communications between the Claimant’s Solicitors/Court of Protection and the anonymised parties and any financial institution concerned as to the receipt or investment of such monies;
c. records kept by the Court of Protection or by the anonymised parties or by any financial institution as above in relation to such money;
d. communications between the Second Defendant’s Solicitors and the Claimant’s Solicitors in relation to the payment of money for the benefit of the Claimant;
e. communications within and between the Defendants, their legal and professional representatives and advisers, their re-insurers, the CRU, DWP and HM Revenue and Customs and/or their successors or any other person required by law.