ABC and others -v- PQR and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: K90PE333

In the High Court of Justice
King’s Bench Division
Peterborough District Registry

10 March 2025

Before:

Her Honour Judge Walden-Smith

Between:

ABC

DEF

    (JOINT ADMINISTRATORS OF THE ESTATE OF MNO)

    GHI

    JKL

    -v-

    PQR

    TRINITY LANE INSURANCE COMPANY

    Order

    BEFORE Her Honour Judge Walden-Smith at an approval hearing on 10 March 2025; 

    UPON the Court hearing Counsel for the First, Second and Fourth Claimants, Counsel for the Third Claimant and Counsel for the Defendants;

    AND UPON the Court recording that the claims herein arise from an accident which caused the death of the Deceased and that the primary beneficiaries and dependants in respect of these claims are the Third and Fourth Claimants who are minors;

    AND UPON the Claimants and the Defendants having agreed terms as to full and final settlement of the Claim subject to the approval of the Court;

    AND UPON considering the advice of Counsel for First, Second and Fourth Claimants dated 19 April 2024 and the advice of Counsel for the Third Claimant dated 20 March 2024;

    AND UPON consideration of the Article 8 right to respect for private and family life of the the Third and Fourth Claimants and of the Article 10 right to freedom of expression;

    AND UPON IT APPEARING that non-disclosure of the identity of the Third and Fourth Claimants and their family members is necessary in order to protect the interests of the Third and Fourth Claimants;

    AND UPON a schedule of the identity of the various anonymised persons having been filed for the avoidance of any doubt;

    AND PURSUANT to rule 39.2(4) and 39.2(5) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules

    IT IS ORDERED

    1. That the identity of neither the First, Second, Third and Fourth Claimants nor the Deceased be disclosed.  Together these are called “the Relevant Persons.”
    2. That 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 the Relevant Persons be referred to as follows:
      a) The First Claimant as ABC.
      b) The Second Claimant as DEF.
      c) The Third Claimant as GHI.
      d) The Fourth Claimant as JKL.
      e) The Deceased as MNO.
      f) The First Defendant as PQR.
    3. That the address of the Relevant Persons be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
    4. That in so far as necessary, any statement of case or other document disclosing the name or address of any Relevant Person already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above. Slater and Gordon will amend the pleadings filed to reflect the anonymity order otherwise it is unless who will do so.
    5. That the original of any such document disclosing the name or address of any relevant person (including the Schedule of the identity of the Relevant Persons referred to in the recital above) is to be placed on the Court file marked “confidential and not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
    6. That a non-party may not inspect or obtain a copy of any document on or from the Court file without the permission of a Master or District Judge.  Any application for such permission must be made on notice to the Claimants, 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 Relevant Persons.  The publication of the name and address of the Relevant Persons or of any further member of the immediate family of the Relevant Persons is prohibited.
    8. The provisions of this Order shall not apply:-
      a) to communications between the parties, their legal representatives and/or any person instructed to give legal or financial advice in relation to the claim or proceeds of settlement;
      b) to communications between the Court and/or the Court Funds Office and the Claimants or their Solicitors in relation to the payment of money for the benefit of the First, Second, Third and Fourth Claimants or the investment or treatment of or payment out of such money;
      c) to communications between the Court and/or the Court Funds Office and the Claimants or their Solicitors and any financial institution concerned as to the receipt or investment of money for the benefit of the First, Second, Third and Fourth Claimants; or
      d) to records kept by the Court or the Court Funds Office and/or the Claimants and/or the Claimants’ Solicitors and/or any such financial institution in relation to such money.
    9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
    10. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the First Claimant shall be described as ABC, the Second Claimant as DEF, the Third Claimant as GHI, the Fourth Claimant as JKL, the deceased as MNO and the First Defendant as PQR.
    11. Costs in the case.