AB -v- KL (anonymity order x2 published under CPR 39.2(5)
Case Number F90LV051
At Liverpool Civil & Family Court
13 January 2020
Before:
District Judge Baldwin
Between:
AB
-v-
KL
General Form of Judgment or Order
In the High Court of Justice Queen’s Bench Division
Liverpool District Registry
Claim Number F90LV051
Date 16 January 2020
AB
1st Claimant
Ref DHB/JEW383/1
KL
1st Defendant Ref CSM CSM 10145189
Before District Judge Baldwin sitting at Liverpool District Registry, Liverpool, Civil And Family Court, 35 Vernon Street, Liverpool, L2 2BX.
UPON the Court giving further consideration to the publication of the Order of 19th December 2019 in the context of the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16th April 2019
AND IN THE MATTER of CPR r. 39.2(5) and in order to preserve the integrity of the above Order
IT IS ORDERED that:
1. The identity of the Defendant shall not be disclosed.
2. The Defendant shall 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 “KL”.
3. The address of the Defendant shall be stated in all further documents to be filed of served in the proceedings as the address of the Defendant’s solicitors.
4. In so far as necessary, any statement of case or other document disclosing the Defendant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the 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. This Order shall only be published in the anonymised form resulting from the terms of this Order and the Order of 19th December 2019 as varied by this Order.
7. Paragraph 8 of the Order of 19th December 2019 shall stand varied by the Court of its own motion, to read: “8. The order shall only be published by the Court in the anonymised form resulting from the terms of this order and the order of 13th January 2020, to include complete redaction of any and all sums of money referred to in this order.”
8. The provisions of this Order shall not apply:
a. to communications between the Court Funds Office and any anonymised party 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;
b. to communications between the Court Funds Office and/or any anonymised party and any financial institution concerned as to the receipt or investment of such money;
or c. to records kept by the Court Funds Office or any anonymised party or any such financial institution in relation to such money.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Without prejudice to paragraph 9 hereof, this Order has been made w to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
Dated 13 January 2020
General Form of Judgment or Order
In the High Court of Justice Queen’s Bench Division
Liverpool District Registry
Claim Number F9OLV051
Date 16 January 2020
AR
1st Claimant Ref DHB/JEW383/1
KL
1st Defendant Ref CSM CSM 10145189
BEFORE District Judge Baldwin on 19th December 2019
UPON hearing Counsel for the Claimant and Solicitor for the Defendant 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.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the 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
AND UPON the Defendant having agreed to pay the gross sum of [REDACTED] in full and final settlement of the Claimant’s claim for damages, the Claimant having agreed to give credit in the sum of [REDACTED] in respect of Industrial Injuries Disablement Benefit payments received, such sum to be repaid to the Department for Works & Pensions by the Defendant.
AND UPON the apportionment of residual damages of [REDACTED]being agreed as follows:
AND UPON THE COURT OF ITS OWN MOTION varying the Order of 19th December 2019 prior to publication, pursuant the Order of 13th January 2020
a. CD [REDACTED] b. EF (REDACTED] c. GH [REDACTED] d. IJ (REDACTED] e. The Claimant [REDACTED]
IT IS ORDERED:
1. That the identity of the Claimant and the dependants be not disclosed.
2. That 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” and the dependants described as “CD”, “EF”, “GH” and “IJ” respectively in the order in which they appear above.
3. That the address of the Claimant and the dependants 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. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address, or the name and address of any dependant, already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant or any dependant 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. 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”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or any dependant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. The order shall only be published by the Court in the anonymised form resulting from the terms of this order and the order of 13th January 2020, to include complete redaction of any and all sums of money referred to in this order.
9. The provisions of this Order shall not apply:
a. to communications between the Court Funds Office and any anonymised party 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;
b. to communications between the Court Funds Office and/or any anonymised party and any financial institution concerned as to the receipt or investment of such money;
or c. to records kept by the Court Funds Office or any anonymised party or any such financial institution in relation to such money.
10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
11. The Court approves the apportionment arrived at between the parties in respect of the children GH and IJ in the sums of [REDACTED] and [REDACTED] respectively.
12. The Defendant shall pay the sums at paragraph 11 into the Court Funds Office by 4pm on 9th January 2020.
13. Those sums paid into court shall remain there and be invested for the Accountant General in any manner authorised by the court funds rules.
14. The Defendant’s solicitors shall notify the Claimant’s solicitors immediately after the Defendant has paid the above sums into court as ordered.
15. If the Defendant fails to pay the said sums into court by the date ordered, the Defendant shall also pay into court such further sums as the Court Funds Office shall certify as being the amount of interest lost by any of the above children by the late payment forthwith upon service of such certificate.
16. On reaching the age of 18, each child at paragraph 11 shall be entitled to have any monies remaining in the court paid out on notifying the court.
17. The Defendant shall pay the balance of the damages of [REDACTED] to the Claimant’s solicitors by 4pm on 9th January 2020.
18. The Defendant shall pay the Claimant’s costs on the standard basis to be the subject of a detailed assessment if not agreed.
Dated 13 January 2020