AB -v- EF & Ors (anonymity order)
Claim No: F55YX409
IN THE COUNTY COURT AT BRISTOL
Date: 13/06/2022
Before:
HHJ Ralton
BETWEEN:
AB
(by his Litigation Friend CD)
-v-
(1) EF
(2) AVIVA INSURANCE LIMITED
ANONYMITY ORDER
BEFORE HHJ Ralton at the County Court at Bristol on 13 June 2022
UPON hearing Mr Michael Jones, Counsel for the Claimant and Mr Joshua Hedgman, Counsel for the Defendants
AND UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression, the open justice principle, and X v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96
AND UPON the Court being satisfied that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant
AND PURSUANT TO section 11 of the Contempt of Court Act 1981 and CPR rules 5.4C, 5.4D and 39.2(4)
IT IS ORDERED THAT:
1. The identity of the Claimant in these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s family or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “AB”
(2) The Litigation Friend shall be referred to as “CD”
(3) The First Defendant shall be referred to as “EF”
(4) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(1) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised and redacted in accordance with subparagraphs 3(1) to (3) above.
(2) In the event of anonymised or redacted documents being needed to facilitate access to documents from the court records in accordance with paragraph 4(1) of this Order, the parties shall cooperate with the Court in the supply of suitably edited documents.
(3) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(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.
5. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 13 June 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.”
6. Nothing in this order shall prohibit the Second Defendant insurer from disclosing the Claimant’s name and address to their re-insurers, their legal and professional advisers or to HM Revenue & Customers (or its successor) or any other person required by law.
7. Any person, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor, after having given them 7 days’ prior notice of the intention to make such an application.
DATED 13 June 2022