ABC and XYZ (interested party) -v- UVW and others (anonymity order)
Claim Number: QB-2019-001217
In the High Court of Justice
King’s Bench Division
8 November 2022
Before:
HHJ Mark Gargan
Between:
ABC (by His Litigation Friend XYZ)
-v-
(1) UVW
(2) Covea Insurance Plc
(3) Motor Insurers’ Bureau (Part 20 Claimant)
(4) the Secretary of State for Transport (Part 20 Defendant)
Order
BEFORE HHJ MARK GARGAN sitting as a Judge of the High Court at The Royal Courts of Justice on 8th November 2022
WHEREAS the Claimant has made a claim (‘the Claim’) against the Defendants for damages for personal injury suffered by him arising out of a road traffic accident on 12 May 2018.
AND WHEREAS the Claimant is a protected party within the meaning of CPR 21.1 and brings this claim by his Litigation Friend, XYZ.
UPON hearing Leading Counsel for the Claimant Leading Counsel for the Second Defendant and Mr Anthony Sullivan, Solicitor for the Third Defendant
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 IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:
Anonymity
- That the identity of the Claimant and of the litigation friend as a party to these proceedings is protected and shall not be published.
- 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, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant, the Litigation Friend and the First Defendant shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
3.1. The Claimant shall be referred to as “ABC”.
3.2. The Litigation Friend shall be referred to as “XYZ”.
3.3. The First Defendant shall be referred to as “UVW”
3.4. Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication. - That the Claimant and the Litigation friend be described in all 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 “ABC” and “XYZ” and the First Defendant as UVW.
- That the address of the Claimant and of the Litigation friend be stated in all documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- Pursuant to CPR Rules 5.4C and 5.4D:
7.1. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(3.1) to (3.3) above.
7.2. (b) 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, trustee or deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 8th Day of November 2022 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.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
- The provisions of this Order shall not apply to:
11.1. Communications between the Court Funds Office and the anonymised party or Litigation Friend 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;
11.2. Communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
11.3. Records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
11.4. 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.
11.5. Communications between the Defendant(s), 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.
11.6. Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
11.7. Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
8th November 2022
By the Court