ABC -v- Mayhew and Wright (anonymity order)
Ref: D68YJ311
IN THE COUNTY COURT AT CAMBRIDGE CASE
Date: 31/01/2022
Before:
HHJ WALDEN-SMITH
Between:
ABC
(A PROTECTED PARTY BY HER GRANDFATHER AND LITIGATION FRIEND DEF)
-v-
(1) EDWARD MAYHEW
(2) DANNY WRIGHT
ANONYMITY ORDER
BEFORE HER HONOUR JUDGE WALDEN-SMITH sitting at the County Court at Cambridge on 31
January 2022 by remote video link.
UPON HEARING Counsel for the Claimant and Counsel for the First Defendant
AND UPON:
(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 in order to protect the
interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The First 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 6 of the Human.Rights Act 1998; section 11 oft~e Contempt of Court Act
1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS:
(1) For the purposes of this order:
(i) ‘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.
(ii) 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.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications
and records which do not constitute publication within the meaning of this order (providing always
that proper steps are taken to protect the confidentiality of information from being made public). In
this list references to ‘the anonymised party’ include that party’s appointed representatives and
advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(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 anonymised party, and any financial
institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution
concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their
unredacted files for the purposes of their continuing functions and obligations in relation to
the proceedings.
(v) Communications between the Defendants, their insurers, or their successors in title and their
legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the
Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing
that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the
anonymised party.
IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other
publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate
family members, or any details (including other names, addresses, o_r a specific combination of facts)
that could lead to the identification of ABC as the Claimant in these proceedings. The Claimant and
the Litigation Friend 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 Litigation Friend shall be referred to as “DEF”.
(iii) Any other details liable to lead to the identification of the Claimant (including any names of
other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.40:
(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.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C( I B) 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, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on
31.01.2022 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, provided that any such application is made on notice to the Claimant’s solicitor,
trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the
Master of the Rolls dated 16 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 email to the Judicial Office at judicialwebupdates@judiciary.uk.
8. The costs of obtaining this order be costs in the case.