AB1 -v- GH4 (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2022-MAN000102
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
His Honour Judge Sephton QC
[A protected party by CD2 his mother and litigation friend]
BEFORE His Honour Judge Sephton QC sitting as a judge of the High Court in the Manchester Civil and Family Justice Centre, 1 Bridge Street West, Manchester M60 9DJ on 14 June 2022
UPON HEARING David Heaton QC, Counsel on behalf of the Claimant, and Zoe Thompson, Counsel on behalf of the Defendant
AND UPON the Claimant having commenced a claim for damages for catastrophic personal injuries arising out of a road traffic accident which occurred on 14 August 2019
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 the Court being satisfied, pursuant to CPR 39.2(4) that an order for non-disclosure of the identity of the Claimant in the terms below is necessary in order to prot1ect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS ORDERED, pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. The identity of the Claimant, his Litigation Friend, his stepfather and the Defendant shall not be disclosed.
2. The Claimant 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 “AB1”.
3. The names of the Claimant’s Litigation Friend and of his stepfather and of the Defendant shall respectively 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 “CD2”, “EF3” and “GH4”.
4. The address of the Claimant shall 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.
5. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant and of the Claimant’s Litigation Friend and stepfather and of the Defendant is to be replaced by a document describing such name or address in anonymised form as above.
6. The original of any such document disclosing the name or address of the Claimant or of the Claimant’s Litigation Friend or of his stepfather or of the Defendant is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the County Court”.
7. 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 shall be made on notice to the Part 20 Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
8. 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/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Claimant’s Litigation Friend or stepfather or of the Defendant is prohibited.
9. The provisions of this Order shall not apply:
a. To communications between the Court Funds Office and the 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 or payment out of such money;
b. To communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money;
c. To records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.
10. The provisions of this Order shall not prohibit the Defendant from disclosing the Claimant’s name, address or any other information tending to identify him to their legal and professional advisers, re-insurers or to HM Revenue & Customs (or its successor) or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant, save and except that no such disclosure shall be in a form which allows the Claimant or his Litigation Friend or his stepfather to be identified.
11. The Defendant may apply under CPR 23.10 to have this Order set aside or varied.
12. Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.
DATED 14 June 2022