Claim No: QB-2021-004703
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Mr Paul Bowen QC
AB (a protected party by CD, his Litigation Friend)
TESCO UNDERWRITING LIMITED
BEFORE Mr Paul Bowen QC, sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 23rd March 2022
AND UPON hearing Christopher Walker, Counsel for the Claimant and Andrew Lewis QC, Leading Counsel for the Defendants and from James Brewster of the press, all attending by MS Teams
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
WHEREAS the Court is satisfied that an order in the terms below is necessary to protect the interest of the Claimant (being a protected party) and is necessary in the interests of justice and that there is no sufficient countervailing public interest in disclosure.
AND PURSUANT to rule 39.2(4) 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
IT IS ORDERED THAT
1. The identity of the Claimant and the Litigation Friend, as parties to these proceedings, is protected and shall not be published.
2. The Claimant and the Litigation Friend shall hereinafter be referred to in these proceedings as “AB” and “CD” respectively.
3. The First Defendant shall hereinafter be referred to in these proceeding as “EF”
4. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of either the Claimant or the Litigation Friend or the First Defendant or any details leading to the identification of the Claimant or the Litigation Friend or First Defendant including any names of other immediate family members or their addresses. The Claimant and Litigation Friend, if referred to, shall only be referred to as “AB” and “CD”, as set out in paragraph 2 of this Order. The First Defendant, if referred to, shall only be referred to as “EF”, as set out in paragraph 3 of this Order.
5. The original of any such document disclosing the name or address of the Claimant and/or of the Litigation Friend and/or First Defendant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”
6. In so far as necessary, any statement of case or other document disclosing the Claimant’s name or address and/or the name or address of the Litigation Friend and/or the name or address of the First Defendant already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
Inspection of the File
7. A non-party may not inspect of 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’s solicitors and the Court will effect service.
8. Pursuant to CPR 5.4C, & 5.4D:
(i) a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or Order of the Court from the Court records only if such a document has been anonymized, such that:
(a) The Claimant and the Litigation Friend are referred to in these documents only as “AB” and “CD”;
(b) The First Defendant is referred to in these documents only as “EF”;
(c) The addresses of the Claimant and the Litigation Friend and the First Defendant have been deleted from these documents.
(ii) if a person who is not a party of the proceedings applies (pursuant to CPR r5.4C(1B) or (2)) 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, trustee or deputy.
9. For the avoidance of doubt, paragraphs 1 to 6 and 8 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 4 (providing always that proper steps are taken to protect the confidentiality of information from being made public):-
i. Communications between the Court Funds Office and the anonymised parties, Litigation Friend or Trustee in relation to the payment of money into the Court Fund Office for the benefit of the Claimant or the investment or treatment of payment out of such money.
ii. Communications between the Court Funds Office, the representative of the Claimant, or any financial institution concerned as to the receipt or investment of such money.
iii. Records kept by the Court Funds Office, the representative of the Claimant, or any financial institution concerned as to the receipt or investment of the approved monies.
iv. Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
v. Communications between the First and Second Defendants, their legal advisors, the Second Defendant’s reinsurers and/or the Compensation Recovery Unit.
Marking of the file
10. The Court file shall be clearly marked with the words: “An anonymity order was made in this case on 23rd March 2022 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.”
11. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk)
12. The costs of obtaining this order be costs in the case.