AB -v- Beaumont and other (anonymity order)

County CourtAnonymity Order

Claim Number: 111DC352

In the County Court at Mold

19 July 2024

Before:
District Judge Watkin

Between:

AB

-v-

(1) Mr Stephen Beaumont
(2) Markerstudy Insurance Company Limited

Anonymity Order

Before District Judge Watkin sitting at the County Court at Mold, Sitting At, The Law Courts, Civic Centre,
Mold, Flintshire, CH7 1AE.

Upon hearing counsel for the claimant, Mr McCormick, who attended by telephone concerning the claimant’s
without notice application, dated 24 October 2023, for an anonymity order and for an order that the claimants
name and address should not be disclosed and further without notice application, dated 22nd february 2024, for
an extension of time for service of the proceedings, which has been dealt with in a separate order of today’s date.

Upon the hearing proceeding in open court and being formally called on, with no other party attending.
And upon:

  1. Consideration of the Article 3 rights of the Claimant to be protected from inhuman and degrading treatment,
    Article 6 rights of the Claimant to a fair trial, Article 8 rights of the Claimant to respect for private and family life;
  2. Consideration of the Article 6 right of the Defendant to a fair trial;
  3. Consideration of the Article 10 rights of others to freedom of expression.
  4. It appearing that non-disclosure of the identity of the Claimant (including to the Defendant or his
    representatives) is necessary in order to protect the interests of the Claimant and that there is no sufficient
    countervailing public interest in disclosure;
  5. It appears that non-disclosure of the identity of the Claimant (including to the Defendant or his representatives) is necessary in order to secure the proper administration of justice;
  6. There being no representations from the press or any other interested party.

AND UPON the hearing proceeding without notice to the Defendants, the Court having considered section 12(2)
of the Human Rights Act 1998 and being satisfied that if it applies, there are compelling reasons for notice not
being given.

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 communication 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.

IT IS ORDERED THAT:

  1. The following shall not be disclosed (including to the First Defendant’s or his representatives): the Claimant’s
    name and address.
  2. The Claimant 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”.
  3. The address of the Claimant 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.
  4. Insofar as necessary, any statement of case of other document (including the Claim Form and the application
    notice and witness statement to which this order relates) disclosing the Claimant’s name and address already
    filed in the proceedings be replaced by document(s) describing such name and address in anonymised form as at
    paragraphs [2 to 4] above. Such replacement documents to be provided to the court by the Claimant’s Solicitor.
  5. The original of any such document (including the Claim Form, and the application notice and witness statement
    to which this order relates) disclosing the name and address of the Claimant is to be placed on the Court file in a
    sealed envelope marked “not to be opened without permission of a Judge or District Judge of the County Court”.
    Any such documents held by the court electronically shall be stored in a file entitled “not to be opened without
    permission of a DJ”.
  6. The Court file (and e-file) shall be clearly marked with the words “An anonymity order was made in this case
    on [insert date of order] and any application by the Defendant or 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.”
  7. The Court electronic file shall record that an anonymity order has been made in this case.
  8. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication
    the name and address of the Claimant that could lead to the identification of “AB” as the Claimant in these
    proceedings. The Claimant’s name and address shall be referred to as set out at paragraphs [2 to 4] of this Order.
  9. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    i. The Claimant’s name and address shall be referred to as set out at paragraphs [3 to 4] of this Order.
    ii. Any other details liable to lead to the identification of the Claimant (including any names of other immediate
    family members or their addresses) shall be redacted before publication.
  10. 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 anonymised in accordance with
    paragraphs [2 to 4] above.
    ii. If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any other
    document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor.
  11. The Claimant do within 21 days of the date of this Order draw and file this Order and upon the Order being
    sealed shall serve the same as soon as practicable upon the Defendant.
  12. The Claimant shall comply with rule CPR 23.9(2) by service on the Defendant of a copy of the application
    notice and witness statement to which this Order relates, all anonymised in accordance with this order, as soon
    as reasonably practicable.
  13. This order was made at a hearing without notice to the Defendants. The Defendants may apply under CPR
    23.10 to have this order set aside or varied within 7 days after the date on which the Order was served.
  14. Any non-party affected by this Order may apply to the Court to set aside or vary this Order, provided that
    any such application is made on notice to the Claimant’s Solicitor and that 7 days’ prior notice of the intention
    to make such an application is given.
  15. 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.
  16. The costs of obtaining this order be costs in the case.

Dated 10 April 2024