AB -v- Smart Solutions (Recruitment) Limited and others (anonymity order)
Claim No: QB-2021-002027
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 17/01/2022
Before:
Master Thornett
Between:
AB
-v-
(1) Smart Solutions (Recruitment) Limited,
(2) Workforce Staffing Limited
(3) Forest Garden Limited,
(4) Deleted- Biffa Waste Services Limited
(5) Deleted- Workforce Solutions Group Limited
ORDER
UPON the Claimant’s Application
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms
below is necessary to protect the interests of the Claimant and there is no sufficient
countervailing public interest in disclosure.
IT IS HEREBY ORDERED BY CONSENT PURSUANT to section 11 of the Contempt of
Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and
CPR Rule 39.2 that:-
1. The Claimant is granted anonymity in these proceedings and his identity shall not
be disclosed, save to those where it is necessary to conduct the litigation, to include
insurers, brokers, witnesses (other than those identified as knowingly cooperating
with the Organised Crime Gang), the parties, counsel, CPR Part 35 experts, and
professional advisors, including those that work for them.
2. There be substituted for all purposes of this case, in place of references to the
Claimant by name and whether orally or in writing, references to “AB”.
3. 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”.
4. To the extent necessary to protect the claimant’s identity, any other references,
whether to persons or places or otherwise, be adjusted appropriately, with
permission to the parties to apply in default of agreement as to the manner of such
adjustments.
5. That 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.
6. So far as the Claim Form, or any judgment or order, or any other document to
which anyone might have access pursuant to CPR Rule 5.4 at any time does not
comply with the above, the claimant’s solicitors have leave to file with the court
copies of such document adjusted so as to comply therein. Such copies are to
be treated for all purposes as being in substitution for the relevant original; and
the originals are then to be retained by the court 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”.
7. From the date of this Order onwards, no party shall communicate the address of the
Claimant to any other party howsoever without prior written permission from the
Claimant or the Court. Such permission from the Claimant
shall not be unreasonably withheld.
8. A non-party may not obtain any copy statement of case or other document
from the court file unless it has been edited (anonymised) in accordance
with this direction and there has been redacted any information which
might identify the Claimant.
9. Reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the parties.
10. The claimant has permission to amend the protectively issued claim form
giving the address of his solicitors in place of his residential address. A
copy of the original claim Form with the claimant’s full name and address is
to be marked on the electronic court file as “confidential: not to be
disclosed without the permission of a Judge or Master of the Queen’s
Bench Division
11. The claim shall be stayed generally until application is made by one of
the parties to lift the stay of proceedings.
12. The time limit for service of the Particulars of Claim, Medical Report and
Schedule of Loss and Damage by the Claimant be extended by a period of
28 days following receipt of the notice of the intention to lift the general
stay by any of the parties named in these proceedings.
13. Any party affected by this order may apply on notice without restriction of
time for an order varying or setting aside this order.
14. A copy of this order be published on the website of the Judiciary of England
and Wales pursuant to CPR 39.2 and the Practice Guidance; “Publication of
Privacy and Anonymity Orders” naming the Claimant as “AB”.