ABC -v- Cunnington (anonymity order)
CLAIM NO: QB-2019-003062
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
4 May 2021
BETWEEN:
ABC (A PROTECTED PARTY, WHO PROCEEDS BY HER LITIGATION FRIEND
XYZ)
-v-
(1) TROY CUNNINGTON
(2) UK INSURANCE LIMITED
BEFORE The Honourable Mr Justice Martin Spencer via remote hearing on 4 May 2021 pursuant to Practice Direction 51
UPON hearing Counsel for the Claimant and Leading Counsel for the Defendants
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 and the 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 and rules 5.4C and 5.4D of the Civil Procedure Rules BY CONSENT IT IS ORDERED:
1. That the Claimant and Litigation Friend 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 and XYZ respectively.
2. That the address of the Claimant and Litigation Friend 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.
3. That in so far as necessary, any statement of case or other document disclosing the Claimant or Litigation Friend’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.
4. That the original of any such document disclosing the name or address of the Claimant or Litigation Friend is to be placed on the Court file in a sealed envelope marked “confidential: not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
5. 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”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend in relation to these proceedings. The publication of the name and address of the Claimant or Litigation Friend or of any member of the Claimant’s immediate family is prohibited in relation to these proceedings.
7. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or the Litigation Friend by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation (and correspondence with third parties which is necessary for the purposes of instructing costs draftsmen, corresponding with the CRU and obtaining other evidence) which identifies the Claimant for the purposes of their continuing rights and obligations in this claim and paragraphs 1 to 4 shall not apply in those respects.
8. The provisions of this Order shall not apply:-
a. to 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;
b. to 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;
c. to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d. to communications between the Deputy in the Court of Protection and the anonymised party or Litigation Friend in relation to the payment of money into or out of the Deputyship Account
e. 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 parties to have this Order set aside or varied.
10. A copy of this Order shall be published on the Judicial Website of then High Court of Justice specifying that the Claimant shall be referred to as ABC and her Litigation Friend as XYZ.