ABC -v- MNO (anonymity)
Claim Number: E90LVO01
In the High Court of Justice Queen’s Bench Division Liverpool
21 December 2020
ABC (A PROTECTED PARTY BY HER LITIGATION FRIEND XYZ)
BEFORE His Honour Judge Wood Q.C., sitting as a judge of the High Court
UPON hearing Mr Barnes of Counsel for the Claimant and Mr Lemmy of Counsel for the Defendant WHEREAS the Claimant is a protected party and has made a claim (“the Claim”) by her Litigation Friend against the Defendant for personal injuries suffered by her arising out of the negligence of the Defendant on 9th June 2015. 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 and the Defendant is necessary in order to protect the interests of the Claimant.
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.
BY CONSENT IT IS ORDERED:
1. That the identity of the Claimant and of the litigation friend and of the defendant be not disclosed.
2. That the Claimant and the litigation friend and the Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “ABC” and “XYZ” and “MNO”.
3. That the address of the Claimant and of the litigation friend and of the Defendant 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.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend or the Defendant already filed in the proceedings be replaced by a document describing such name or address in the anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant or of the litigation friend or of the Defendant 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 Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file ( other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend or Defendant in relation to these proceedings. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend or the Defendant is prohibited in relation to these proceedings.
8. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonyrnised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonyrnised party or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
c. to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d. to communications between the Deputy in the Court of Protection and the anonymised party or Litigation Friend in relation to the payment of money into or out of the Deputyship Account
e. to records kept by the Court of Protection in relation to such money.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.