ABC v Mason Owens (anonymity order)
Claim No.: QB-2020-003390
High Court of Justice
Queen’s Bench Division
27 October 2021
Before:
Master Gidden
Between:
ABC (by his litigation friend (‘DEF’)
– v –
Mason Owens
ORDER
Before MASTER GIDDEN sitting at the Royal Courts of Justice, London on 27th October 2021
UPON hearing Counsel for the Claimant and Counsel for the Defendant.
AND UPON:
1. Consideration of the Article 8 rights of the Claimant, who is a Protected Party, 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 and his litigation friend is necessary in order to protect the interests of the Claimant and the litigation friend.
3. 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 CPR rules 5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT:
1. The identity of the Claimant and his litigation friend in this application for approval is protected and shall not be published.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 the identification of ‘ABC’ as the Claimant, ‘DEF’ as his litigation friend in these proceedings is prohibited.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of the application for approval proceedings the name or address of the Claimant and his litigation friend, or any details that could lead to the identification of ‘ABC’ as the Claimant and ‘DEF’ as his litigation friend in the application for approval. The Claimant and his litigation friend shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of the application for approval, or other publication (by whatever medium) in relation thereto:
i. The Claimant shall be referred to as ‘ABC’.
ii. His litigation friend shall be referred to as ‘DEF’.
iii. Any other details liable to lead to the identification of any of the persons set out above (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rule 5.4C and 5.4D:
i. A person who is not a party to the proceedings may not obtain a copy of the statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with paragraph 3 above insofar as the application for approval is concerned.
ii. If a person who is not a party to the proceedings applies (pursuant to CPR Rule 5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication in relation to the application for approval, 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 as regards the compromise of the issue of liability on 27th October 2021 and any application by a non-party to inspect or obtain a copy document from this file as regards the application for approval of the liability compromise must be dealt with in accordance with the terms of this Order.” Insofar as the Court file or any part of the file is in a digital format, the digit file shall be flagged to say “subject to privacy restrictions as regards approval of liability compromise” and insofar as the software permits, there shall be a note inserted to “An Anonymity order was made in relation to the compromise of liability in this case on 27th October 2021 and any application by a non-party to inspect or obtain a copy document from this file pertaining to the issue of the said compromise must be dealt with in accordance with the terms of this 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.