AB & Ors -v- HD & Ors (anonymity order)
Queen's Bench DivisionAnonymity Order
CLAIM NUMBER: G40YJ348
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LIVERPOOL DISTRICT REGISTRY
His Honour Judge Sephton QC
(A child by her Litigation Friend, “DE”)
HD Part 20 Claimant
TE Part 20 Defendant
BEFORE His Honour Judge Sephton QC sitting as a Judge of the High Court at the Manchester District Registry
UPON HEARING Leading Counsel for the 3rd Claimant, and Counsel for the Defendant.
AND WHEREAS the 3rd Claimant is a child who brings this claim by her Litigation Friend.
AND UPON consideration of the 3rd 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 parties in this action is necessary in order to protect the interests of the 3rd Claimant.
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 :
1. That the identity of the Claimants, of the Defendant and of the litigation friend be not disclosed.
2. (a) That the 3rd Claimant and the Litigation Friend be henceforth described in all statements of case, Judgement or Order and other document (but for the avoidance of doubt not including experts reports served and/or filed in the proceedings, medical records, school records, case management records and other similar documentation obtained through the disclosure process) in the proceedings and in any report of the proceedings by the press or otherwise as “TE” and “DE” (or in other anonymised form as ordered).
(b) That the other parties in the proceedings shall hence forth be known as “AB” (1st Claimant), “CD” (2nd Claimant), “HD” (Defendant and Part 20 Claimant), “TE” (Part 20 Defendant).
3. That the address of the 3rd 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 3rd Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the 3rd 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. 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 the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the 3rd Claimant or Litigation Friend. The publication of the name and address of the 3rd Claimant or any member of the 3rd Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
7. That the provisions of this Order shall not apply:-
(1) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(2) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(3) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institutions in relation to such money.
8. That provided that the parties and/or their advisors and/or any Deputy appointed for the 3rd Claimant do not publish any documents containing references to those mentioned in paragraph 1 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 1 to 4 and 6 shall not apply in those respects.
9. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
DATED 10th June 2022