ABC -v- Leon Thomas and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: KB-2023-000052

In the High Court of Justice
King’s Bench Division

28 June 2023

Before:
Master Eastman

Between:
ABC
-v-
Leon Thomas, Prometheus Insurance Company Limited (Acting in their own capacity as Article 75 insurers and acting as agents for the motor insurers bureau) and Tradewise Insurance Services Limited

Order

UPON HEARING Counsel for the Claimant and Counsel for the Second and Third Defendant, the First Defendant not having been given notice of the Hearing because of the risk that such notice would pose to the Claimant.

AND UPON the Application Notice by the Claimant dated 4th May 2023 and:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests
of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Second and Third Defendants indicating their neutrality to the making of the Order and their being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act, 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this Order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED:

  1. That the time for service of the proceedings on the First Defendant be extended to 4 p.m. on 26th July 2023.
  2. That service of the supporting medico-legal evidence and Preliminary Schedule on the First Defendant be dispensed with.
  3. That the identity and address of the Claimant as a party to these proceedings is confidential and shall not be published, including to the First Defendant.
  4. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimant, or other immediate family members, or any details (including other names, addresses or a specific combination of facts) that could lead to the identification of the Claimant. The Claimant shall be referred to as set out in paragraph 5 of this Order
  5. 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 “A.B.C.”
    (ii) Any other details which, on their own or in together with other information publicly available, may lead to the identification of the Claimant (including any names of immediate family members or their addresses)
    shall be redacted before publication.
  6. That the address of the Claimant 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.
  7. That, in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  8. That the original of any such document disclosing the name or address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  9. Pursuant to CPR Rules 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 the above Orders.
    (ii) If a person 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.
  10. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with the above Order by 21st July 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  11. The Court file shall be clearly marked with the words: “An anonymity order was made in this case on 30th June 2023 and any application by a non-party to inspect or obtain a copy document from the file must be dealt with in accordance with the terms of that Order.”
  12. That the Claimant do comply with rule 23.9(2) by service of this Order on the First Defendant.
  13. That the First Defendant may apply under rule 23.10 to have this Order set aside or varied.
  14. Any non-party affected by this Order may apply on notice to all parties to have this Order varied or discharged, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor.
  15. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th April 2019, a copy of this Order 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 order by e-mail to the Judicial Office at judicialwebupdates@judiciary.uk.
  16. The requirement for the Claimant to have the amended Claim Form sealed is dispensed with.
  17. Costs in the case.