Claim Number: QB-2022-MAN-00162
In the High Court of Justice
King’s Bench Division
23 November 2022
His Honour Judge Sephton KC
(By Her Grandmother and Litigation Friend, CD)
Advantage Insurance Services Limited
T/a Hastings Direct
ON 23rd November 2022
BEFORE His Honour Judge Sephton KC sitting as a Judge of the High Court in the Manchester District Registry of the High Court of Justice at the Manchester Civil Justice Centre.
UPON HEARING Mr A Mazzag of Counsel for the Claimant and Mr Stephen Grime KC, for 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 her interests as a child.
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:
- That the identity of the Claimant shall be not disclosed.
- That the Claimant and the Litigation Friend shall 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 “AB” and “CD” respectively.
- 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
- So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or District Judge of the Queen’s Bench Division”.
- A non-party may not, without the permission of a Judge, inspect or obtain any copy statement of case or document from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimant and in accordance with CPR r.5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- The provisions of this Order shall not prohibit the Defendant from disclosing the Claimant’s name, address or any other information tending to identify her to their legal and professional advisers or to HM Revenue & Customs (or its successor) or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the 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 of any member of the Claimant’s immediate family is prohibited.
- The provisions of this Order shall not apply:
i) To communications between the the Claimant via her Litigation Friend, her Solicitor or Trustee and any financial institution concerned as to the receipt or investment of such money; and
ii) to any communications passing between the Claimant’s Litigation Friend and her legal and/or professional advisors, including the Professional Trustee and/or experts; and
iii) to any communications passing between the Defendant and its legal and/or professional advisors and/or experts; and
iv) to any communications passing between the Claimant and Defendant legal advisors.
v) To any records kept by the anonymised party, her Solicitor or Trustee or any such financial institution in relation to such money; and
vi) To communications between the anonymised party, her Solicitor or Trustee and the Court Funds Office and to any records kept by the Court Funds Office.
vii) to medical and rehabilitation records disclosed between the parties and sent to their respective experts, the Claimant’s treating doctors and treating therapists, the DWP and the Professional Deputy.
- That any party or non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.