Skip to main content

AB -v- Geoffrey Auton (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

Claim No: QB-2019-001721

In the High Courts of Justice
Queen’s Bench Division

 

25 November 2019

 

Before:

Master Gidden

Between:

AB

-v-

Geoffrey Auton

 


ORDER FOR DIRECTIONS

1) At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal; such witness statement must not be shown to the trial judge until questions of costs arise.

2) Anonymity

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 the interests of the Claimant, noting her vulnerability arising from the assaults/abuse.

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:

a) The identity of the Claimant not to be disclosed.

b) The Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “AB” respectively.

C) 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.

d) In so far necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings to be replaced by a document describing such name or address in anonymised form as above.

e) The original of any such document disclosing the name or address of the Claimant and their litigation friend 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”.

f) 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.

g) The 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.

h) That the Claimant do, within 14 days of this order, draw and file this Order and serve the same on the Defendant.

3) The Defendant do make an interim payment to the Claimant in the sum of £20.000.00 within 14 days of the date of this order.

4) Disclosure of documents will be dealt with as follows:

a) by 4pm on 21 October 2019 the parties must give to each other standard disclosure of documents by list and category,

b) by 4pm on 04 November 2019 any request must be made to inspect the original of, or to provide a copy of, a disclosable document.

c) Any such request unless objected to must be complied with within 14 days of the request.

5) Expert evidence is directed as follows.

a) The Claimant has permission to rely on the expert evidence (Dr R A Jarman) dated 30 November 2018, annexed to the Particulars of Claim.

6) Evidence of fact will be dealt with as follows:

a) by 4pm on 29 November 2019 all parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence.

b) Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the Court.

7) Claimant do serve an updated Schedule of Loss by 4pm on 29 November 2019.

8) The matter be listed for a disposal hearing pursuant to CPR 12.7 on the first available date after the 2nd January 2020, time estimate 1 hour.

9) The Claimant’s costs budget be set at £70,000 for incurred and estimated costs.

10) Costs in the Case save that the costs of the application for the interim payment be paid by the Defendant to the Claimant within 14 days, summarily assessed in the sum of £2,311.74

Dated: 8 October 2019

 

Related links

Sign up for alerts

Judgments archive

Judgments published on the judiciary website before 2012 can now be found on The National Archives web archive

Judgment Archive