ABB and others -v- Brighton and Hove City Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-001354

In the High Court of Justice
King’s Bench Division

20 November 2023

Before:

Master Thornett

Between:

Anonymised Party ABB (Minors by their litigation friend the Official Solicitor)
Anonymised Party BCC (Minors by their litigation friend the Official Solicitor)
Anonymised Party CDD (Minors by their litigation friend the Official Solicitor)

-v-

Brighton and Hove City Council

Order

UPON the Claimants’ Application dated 18 September 2023 and deciding the same without a hearing

WHEREAS the Claimants have made a claim (“the Claim”) against the Defendant for personal injuries suffered by them arising out of the Defendant’s alleged negligence and in respect of which proceedings were commenced by the Claimants against the Defendant in the High Court of Justice on [ ] April 2021.

AND WHEREAS the Claimants by their Litigation Friend, The Official Solicitor bring the Claim.

AND UPON the Claimant’s application for anonymity.

AND UPON Consideration of the Claimants’ Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.

AND PURSUANT to section 11 of the Contempt of Court Act 1981; and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules

IT IS ORDERED THAT:

  1. The identity of the Claimants in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimants.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    i. The First Claimant, shall be referred to as “ABB”
    ii. The Second Claimant, shall be referred to as “BCC”
    iii. The Third Claimant, shall be referred to as “CDD”
    iv. 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:
    i. 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 in accordance with subparagraphs 3(i) to (iii) above.
    ii. 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 Claimants’ Solicitor.
  5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 28 days after the date of the Order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 20 November 2023 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.”
  7. Any interested party, 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 Claimants’ Solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
  8. The costs of obtaining this order be costs in the case.

EXPLANATORY NOTE

1 The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.

(i) 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 of payment out of such money.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimants’ money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.