ABC -v- Brooks & Ageas Insurance (anonymity order)
Claim Number: G63YJ946
In the County Court at Liverpool
Date: 19/05/2022
Before:
HHJ Wood QC
Between:
ABC
-v-
(1) DAVID BROOKS
(2) AGEAS INSURANCE LTD
Before his Honour Judge. Wood QC sitting at Liverpool County Court, by Teams,
UPON hearing Counsel Mr Goff for the Claimant and Miss Jones QC Counsel for the Defendants.
UPON the parties reaching terms.
AND UPON the parties applying to the Court for approval of this Order.
AND UPON READING the written advice of Mr Goff dated 11th May 2022, (his privilege not being waived
in relation to that document) and in so far as appears as necessary the documents provided to the Court for the
Approval Hearing.
WHEREAS the Claimant is a -protected party and has made a claim (“the claim”) by his Litigation Friend against
the 1st and 2nd Defendant for personal injury suffered by him arising from the negligence of the 1st Defendant
on or about 31st August 2017.
AND UPON the Claimant by his Litigation Friend having agreed in full and final settlement of the claim the
terms of this Order subject to the approval of the Court.
AND UPON the Court having approved the terms of settlement, the terms of this Order, the valuation and the
deductions to be made.
BY CONSENT IT IS ORDERED that in full and final settlement of the claim:
1. The Claimant shall be at liberty to accept the net further payment of £6,000,000.00 in satisfaction of his claim
for damages, it being noted that CRU benefits of £20,696.92 have been paid, interim payments for rehabilitation
have been paid in the sum of£ 140,000.00 and other interim payments for the write off of the Claimant’s vehicle
and additional expenses have already been paid.
– i:-Tlie 2noDeTendant shall pay the balance o To,000,000.00 to the Claimant’s Deputy ,. sort code 60-13-19 Nat
west, account number 52437108 by.4pm on the 7th day of June 2022 to be administered however the Court of
Protection may so Order.
3. The 2nd Defendant shall pay the Claimant’s costs by 4pm on the 7th day of June 2022 in the sum of £638000.00
4. Upon payment of the sums and costs referred to above, the Defendants should be discharged from any further
liability in respect of all claims being made by the Claimant against him in these proceedings.
5. All further proceedings shall be stayed except that either party has permission to apply to the Cm~~ for the
purposes of carrying this Order into effect
__
Before His Honour Judge Wood QC sitting at the County Court at Liverpool, Liverpool, Civil And Family Courts,
35 Vernon Street, Liverpool, L2 2BX.
Whereas the Claimant is a protected party and has made a claim “the claim” by way of his Litigation Friend against
the Defendants for personal injury suffered by him arising from negligence of the Defe_ndant which occurred on
31st August 2017.
And upon consideration of the Claimant’s Article Right “To the respect for private and family life” and Article
10 Right to Freedom of Expression.
And upon it appearing that non disclosure of the identity of the Claimant and Litigation Friend 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,
Rules 5.4C and 5.4D of the Civil Procedure Rules by consent it is ordered that :
1. The identity of the Claimant and Litigation Friend shall not be disclosed.
2. The Claimant and the Litigation Friend shall 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 reported proceedings
by the press or otherwise as “ABC v DEF’ respectively.
3. That the address of the Claimant and the Litigation Friend shall be stated in all statements of case and other
documents to be filed and served in the proceedings as the address of the Claimant’s Solicitors.
4. That in so far as necessary, any statement of case or other document disclosing Claimant’s and Litigation
Friends’ name and address already filed in the proceedings to be replaced by a document describing such name
and address in the anonymised form as above.
5. The original or any such document disclosing the name and address of the Claimant or Litigation Friend is to
be placed on the Court file in a sealed envelope marked “Not to be opened without the permission of the Judge”,
Master or District Judge.
6. That a non-party may not inspect or obtain a copy of any document from the Court file (other than this Order
duly anonymised as directed) without the permission of a District Judge. Any Application for such permission
must be made on notice to the Claimant and his Litigation Friend, and the Court will effect service. The file is
to be retained by the Court and to be marked “anonymised”.
7. That reporting restrictions apply as to the disclosing of any information which may lead to the subsequent
identification of the Claimant or Litigation Friend in relation to these proceedings. The publication of name or
address of the Claimant or Litigation Friend or any member of the Claimant’s immediate family is prohibited in
relat~on to these proceedings. .
8. Revisions of this order shall not apply to:
a) Communications between the Court Funds Office and the anonymised Party or the 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 monies;
b) Cqmmunications between the Court Funds Office/or the anonymised party or Litigation Friend or any financial
institution concerned as to t~e receipt or in-vestment of such money;
c) Records kept by the Court Funds Office or the anonymised party or the Litigation Friend or any such financial
institution in relation to such money
d) Communications between the Deputy in the Court of Protection and the anonymised party or Litigation Friend
in relation to payment of money into or out of tqe Deputyship account;
. e) Communications between the Defendant and any of the insurers;
f) To records kept by the Court of Protection in relation to such money
9. Any non-party affected by this Order may apply on notice to all parti~s to have this Order set aside or varied.
10. This Order shall be published on the judiciary .uk website.
Dated 17 May 2022