AB -v- WX and UK Insurance (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2022-004108

In the High Court of Justice
King’s Bench Division

6 May 2025

Before:

Miss Annabel Darlow KC,
sitting as a Deputy Judge of the High Court

Between:

AB
(a Protected Party, by his Litigation Friend, CD)

-v-

(1) WX
(2) UK Insurance Limited

Anonymity order

BEFORE Miss Annabel Darlow KC sitting as a Deputy Judge of the High Court, at the Royal Courts of Justice, Strand, London, WC2A 2LL, on 6 May 2025.

UPON HEARING Mr Nicholas Braslavsky KC for the Claimant and Mr James Rowley KC for the Defendant

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 to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.

AND UPON The Second Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT TO section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings

IT IS ORDERED THAT:

  1. The identity of the Claimant and in these proceedings is protected and confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication 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 “WX”
    (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 5 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 or Deputy.
  5. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 6th May 2025 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. 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 or Deputy, after having given them 7 days’ prior notice of the intention to make such an application.
  7. Nothing in this order prevents:
    (1) communications for the purpose of obtaining medical care, advice or treatment for the anonymised party
    (2) the Defendants from disclosing the Claimant’s name, address or any other information tending to identify the Claimant to their legal and professional advisers or to HM Revenue & Customs (or its successor), DWP or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant.
  8. The costs of obtaining this order be costs in the case.

DATED this 6th day of May 2025