ABC -v- Abushiba and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: G90LV020

In The High Court Of Justice
King’s Bench Division
Manchester District Registry

23 June 2023

Between:
ABC
-v-
(1) Mr M A Abushiba
(2) Prometheus Insurance Company Limited (Formerly Tradewise Company)

Anonymity Order

BEFORE HHJ SEPHTON KC sitting as a judge of the High Court at Manchester Civil Justice Centre

UPON hearing Miss Sutherland, Counsel for the Claimant and Mr Sullivan, Counsel for the 2nd Defendant.

WHEREAS the Claimant is a vulnerable party and has made a claim against the 1st Defendant for personal injuries sustained by him arising out of the 1st Defendant’s negligence on 4 December 2018.

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:

  1. That the identity of the Claimant be not disclosed.
  2. That the Claimant 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 “ABC”.
  3. That the address of the Claimant 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.
  4. Any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such name or address in the anonymised form as above.
  5. That the original of any such document disclosing the name or address of the Claimant be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Kings Bench Division”.
  6. That 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 must be made on notice to the Claimant, 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 Claimant in relation to these proceedings. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited in relation to these proceedings.
  8. The provisions of this Order shall not apply to:
    a) Communications strictly between the Claimant/Claimant’s solicitors and the Claimant’s Unison Head Office in relation to the claim.
    b) Communications between the parties and the DWP in relation to repayable CRU.
  1. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

DATED: 23 June 2023