ABC -v- GHI and another (anonymity order)
Claim Number: KB-2024-CDF-000036
In the High Court of Justice
King’s Bench Division
3 July 2024
Before:
His Honour Judge Harrison
Between:
ABC [by his litigation friend and sister, XYZ]
-v-
GHI
The Motor Insurer’s Bureau
Order
BEFORE HIS HONOUR JUDGE HARRISON sitting as a Judge of the High Court at the High Court at Cardiff District Registry on 3 July 2024
UPON HEARING Mr Grant of counsel for the Claimant and Mr Dickinson of counsel for the Second Defendant by CVP video call (pursuant to CPR Practice Direction 51Y)
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 the Claimant and his Litigation Friend, XYZ attending by CVP video call (pursuant to CPR Practice Direction 51Y)
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and his 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 11 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 or the Litigation Friend shall not be disclosed.
2. That the identity of the First Defendant shall not be disclosed.
3. That the Claimant and the Litigation Friend be described in any judgment or order in these proceedings and in any report of the proceedings by the press or otherwise as “ABC” and “XYZ” respectively.
4. 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 Judge, Master or District Judge of the King’s Bench Division. 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 “Private”. For the purposes of these proceedings, the definition of a ‘non-party’ extends to the First Defendant.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
6. 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 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 Courts Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money;
d. to medical and rehabilitation/treatment/educational records and any forms of authority or instructions disclosed between the parties and sent to their CPR Part 35 experts, the Claimant’s treating doctors and treating therapists, the Department of Work and Pensions, the Court of Protection, Case Manager(s) and any other third party from whom disclosure and/or treating and/or medico-legal reports are required for the purpose of this litigation;
e. to communications passing between the Claimant’s Litigation Friend and his legal and/or professional advisors and/or experts;
f. to communications passing between the Second Defendant and their legal and/or professional advisors and/or experts; and
g. to communications passing between the legal and/or professional advisors of the Claimant and/or the Second Defendant;
7. The Defendant may apply on notice to the Claimant to have this Order set aside or varied.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. The Claimant’s Solicitors to have carriage of this order.
10. The costs of this order be costs in the case.