ABC -v- Lancashire County Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-002919

In the High Court of Justice
King’s Bench Division

23 October 2023

Before:

Master Thornett

Between:

ABC (via his Litigation Friend EF)

-v-

Lancashire County Council

Order

WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s alleged negligence and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, King’s Bench Division on 28 June 2023.

AND WHEREAS the Claimant brings the Claim by his Litigation Friend, EF.

AND UPON the Court having read the witness statement of Gary Walker, Managing Associate dated 7 June 2023 and the approval bundle.

AND UPON the Claimant’s application for anonymity.

AND UPON Consideration of the Claimant’s Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.

AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 11 of the Contempt of Court Act 1981; and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules

IT IS ORDERED THAT:

  1. The identity of the Claimant in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant, shall be referred to as “ABC”
    (ii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (ii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23 October 2023 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.”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
  7. The costs of obtaining this order be costs in the case.