ABC -v- LAS (anonymity order)
Claim No: E90BM209
In the High Court of Justice
Queen’s Bench Division
Date: 28/06/2022
Before:
The Honourable Mr Justice Richie
Between:
ABC (A PROTECTED PARTY BY THEIR L/F DAS)
-v-
LAS
BEFORE The Honourable Mr Justice Richie sitting in the Birmingham Civil Justice Centre on 21 June 2022 via
MS Teams
UPON HEARING Jonathan Jones, one of Her Majesty’s Counsel, on behalf of the Claimant and Jonathan Watt-
Pringle, one of her Majesty’s Counsel, on behalf of the Defendant
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 is necessary to protect the
interests of the Claimant and her litigation friend
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations
from any interested party
AND UPON the Court noting that no member of the press was present and no objection was made
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.
IT IS ORDERED THAT
1. The identity of the Claimant in these proceedings is confidential and shall not be published. For this purpose:
(i) ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which
is addressed to the public at large or any section of the public.
(ii) publication of any name, address, picture, or other information that could lead to identification of ABC
as the Claimant in these proceedings, or DAS or LAS is prohibited.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or
address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of ABC as
the Claimant in these proceedings or DAS or LAS. The Claimant and her family shall be referred to as set out
at paragraph 3 of this Order.
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) The Claimant’s litigation friend shall be referred to as “DAS”
(iii) The Defendant shall be referred to as “LAS”
(iv) Any other details liable to lead to the identification of the Claimant or her litigation friend (including
any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR 5.4C and 5.4D:
(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, judgment or order has been anonymised in
accordance with subparagraphs 3(i) to (iii) above; and the Claimant’s Solicitors shall provide copies of the
anonymised versions for the court file.
(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 Solicitors.
5. The Court file and any digital file held by the Court shall be clearly marked with the words “An anonymity order
was made in this case on 21 June 2022 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 Solicitors, and that 7 days’
prior notice of the intention to make such an application is given.
7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute
publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the
confidentiality of information from being made public):-
(i) Communications between the Court Funds Office and the anonymised party 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.
(ii) Communications between the Court Funds Office, the Claimant’s representatives, or any financial
institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution
concerned as to the receipt or investment of the Claimant’s money
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their
continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, its insurers or its insurers’ successors in title and their legal and
professional advisers, the Compensation Recovery Unit of the Department for Work & Pensions, an annuity
provider pursuant to paragraph 6) of the Consent Order made by Mr Justice Richie on 21/06/2022 and HM
Revenue & Customs (or its successor) or any other person required by law.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the
Rolls on 17 April 2019 a copy of this Order in its anonymised form 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 anonymised
order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
Dated 21 June 2022