AHS -v- Mr Ricky James Drew and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2024-003910

In the High Court of Justice
King’s Bench Division

7 July 2025

Before:

Master Dagnall

Between:

AHS (A Protected Party by his Litigation Friend BIT)

-v-

Mr Ricky James Drew

Tesco Stores Limited

Order

UPON reading the claimant’s application for an anonymity order dated 5 March 2025 and the witness statement in support of Joe Speed of the claimant’s solicitors dated 5 March 2025

AND UPON the claimant being a protected party who proceeds by a litigation friend

AND UPON the claimant being a protected beneficiary for whom the Court of Protection has appointed a deputy to manage the claimant’s financial affairs

AND UPON the claimant by his litigation friend having advanced a claim for damages for personal injury against the defendants

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 and section 11 of the Contempt of Court Act
  2. Consideration of the decisions in PMC v A Local Health Board [2024] EWHC 2969 (KB) and X v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96
  3. 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

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

AND 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 (1) 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 THAT

  1. The identity of the claimant as a party to these proceedings shall not be published and shall be replaced by a cipher in hearings in open court and documents.
  2. The address of the claimant shall not be published in relation to these proceedings and shall be replaced in open court and documents by the address of his solicitors.
  3. Pursuant to section 11 of the Contempt of Court Act 1981 and 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 or litigation friend 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 in these proceedings.  The claimant shall be referred to as set out at paragraph 4 of this order.
  4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a) The claimant shall be referred to as “AHS”.
    b) The litigation friend shall be referred to as “BIT”.
    c) Any other details which, on their own or together with other information publicly available may lead to the identification of the claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  5. There be permission to amend and anonymise the claim form and particulars of claim in the terms of the drafts attached and to serve the claim form and particulars of claim in the amended and anonymised form.
  6. Pursuant to CPR Rules 5.4C and 5.4D:
    a) 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 4(a) to (c) above.
    b) If a person who is not a party to the proceedings applies 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 or deputy.
  7. The court file shall be clearly marked with the words “An anonymity order was made in this case on 21 January 2025and 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.”
  8. 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 7 days’ notice to the claimant’s solicitor or deputy.
  9. 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
  10. The costs of this application shall be costs in the case.
  11. This Order will be further considered at the first hearing in this Claim