ABC -v- Ata and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2020-002809

In the High Court of Justice
King’s Bench Division

31 January 2024

Before:

HHJ Robinson

Between:

ABC
(By her Father and Litigation Friend DEF)

-v-

(1) Mr Frank Ata
(2) Mulsanne Insurance Company Limited
(3) XYZ

Order

BEFORE His Honour Judge Robinson, sitting as a High Court Judge, in the High Court of Justice on 31st January 2024.

AND UPON hearing counsel for the Claimant, counsel for the First and Second Defendants and counsel for QR.

AND UPON:
(i) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(ii) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(iii) The First and Second Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.
(iv) QR indicating their consent to the making of the order.

AND PURSUANT to Section 6 of the Human Rights Act 1998; Section 11 of the Contempt of Court Act 1981; and CPR Rules 5.4 C, 5.4 D and 39.2 (4).

WHEREAS for the purposes of this order:
(i) “Publication” includes any speech, writing, broadcast or other communication in whatever form (including Internet and social media), which is addressed to the public at large or any section of the public.
(ii) Publication for the purposes of this order includes any further publication (as defined in subparagraph (i) above) from the date of this order even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED BY CONSENT THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. Pursuant 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 specific combination of facts) that could lead to the identification of ABC as the Claimant in these proceedings. The Claimant, the Litigation Friend, the Third Defendant, and the dependents upon whose behalf the Claimant brought her claim shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “ABC”;
    (ii) The Litigation Friend shall be referred to as “DEF”;
    (iii) The second named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “GH”
    (iv) The third named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “IJ”
    (v) The fourth named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “KL”
    (vi) The fifth named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “MN”
    (vii) The sixth named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “OP”
    (viii) The seventh named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “QR”
    (ix) The eighth named dependent in the List of Dependants referred to in paragraph 12 of the Particulars of Claim shall be referred to as “ST”
    (x) The Deceased, shall be referred to as “NU”
    (xi) The friend of the Deceased identified at paragraph 6 of the Particulars of Claim shall be referred to as “VW”
    (xii) The Third Defendant shall be referred to as “XYZ”
    (xiii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4 C and 5.4 D:
    (i) 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, judgement or order has been anonymised in accordance with subparagraphs 3 (i) to (v) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rule 5.4 C (1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least seven days’ notice to the Claimant’s solicitor, trustee or deputy.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle containing the Claim Form, Particulars of Claim and Defences that has been anonymised in accordance with paragraph 3 above by 15 February 2024.
  6. The court file shall be clearly marked with the words “an anonymity order was made in this case on (insert) 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, provided that any such application is made on seven days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. Pursuant to the “Practice Guidance: Publication of Privacy and Anonymity Orders” issued by the Master of the Rolls dated 16th 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.
  9. The cost for obtaining this order be costs in the case.