AMX -v- Mrs Bhaveeta Shemar (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: H80SE233

In the High Court of Justice
King’s Bench Division
Sheffield District Registry

25 March 2024

Before:

His Honour Judge Robinson, sitting as a Judge of the High Court at Sheffield District Registry

Between:

AMX (a protected party proceeding by his father and litigation friend ASY)

v-

Mrs Bhaveeta Shemar

Order

BEFORE His Honour Judge Robinson, sitting as a Judge of the High Court at Sheffield District Registry, King’s Bench Division, Sheffield Combined Court Centre, The Law Courts, 50 West Bar, Sheffield, S3 8PH on 25th March 2024.

UPON HEARING Mr Adam Weitzman of King’s Counsel on behalf of the Claimant and Mr Derek O’Sullivan of King’s Counsel on behalf of the Defendant.

AND UPON application of the Claimant 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 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 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 THAT:

1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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, or a specific combination of facts) that could lead to the identification of AMX 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 “AMX”.

(ii) The Litigation Friend shall be referred to as “ASY”.

(iii) 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.

4. 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 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(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, trustee or deputy.

5. 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 paragraph 3 above by 15th April 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.

6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 25th March 2024 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.”

7. 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, trustee or deputy.

8. 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.

9. The costs of obtaining this order be costs in the case.

Approval order

BEFORE His Honour Judge Robinson, sitting as a Judge of the High Court at Sheffield District Registry, King’s Bench Division, Sheffield Combined Court Centre, The Law Courts, 50 West Bar, Sheffield, S3 8PH on 25th March 2024.

UPON HEARING Mr Adam Weitzman of King’s Counsel on behalf of the Claimant and Mr Derek O’Sullivan of King’s Counsel on behalf of the Defendant.

WHEREAS the Claimant has made a claim against the Defendant for personal injury suffered in a road traffic accident on 4th December 2017 in respect of which proceedings were commenced by the Claimant in the Sheffield District Registry on 22nd September 2021.

AND WHEREAS the Claimant is a protected party and protected beneficiary and brings this claim by his father and litigation friend.

AND WHEREAS the correct title of the Defendant’s Insurers (on risk at the material time) was EUI Limited. EUI Limited is (and was at the material time) an insurance intermediary acting on behalf of the insurers subscribing to the Defendant’s motor policy (applicable at the time of the material accident). The insurers subscribing to the Defendant’s motor policy (applicable at the time of the material time) were (1) Admiral Insurance Company Limited, (2) Admiral Insurance (Gibraltar) Limited, and (3) Great Lakes Insurance SE (hereafter “the Insurers”). The settlement agreement between the parties (as referred to below) was entered into by EUI Ltd. by itself and on behalf of the said Insurers and also on behalf of the Defendant. In this Preamble and the Order below references to the Defendant or the Parties should be taken to include EUI Ltd. and the said Insurers

AND WHEREAS at the date of approval no application has yet been made to the Court of Protection to facilitate the appointment of a financial deputy but it being noted by the Court that the Litigation Friend has instructed Weightmans Solicitors to make such an application.

AND UPON READING the advice from Counsel for the Claimant dated 19th March 2024 and the approval bundle filed by the Claimant’s Solicitors.

AND UPON THE PARTIES agreeing the settlement value of the Claimant’s claim in the sum of £4,300,000.00 net of monies due to the Compensation Recovery Unit. 

AND UPON the court being satisfied that in this case a lump sum award rather than a periodic payment order is appropriate, and that CPR 41 has been complied with. 

BY CONSENT OF THE PARTIES AND WITH THE APPROVAL OF THE COURT IT IS ORDERED that:

  1. The court approves the terms of settlement agreed between the parties and judgment for the Claimant is entered in the sum of £4,300,000.00 (four million, three hundred thousand pounds).
  2. The Defendant shall pay the sum of £4,300,000.00 to the Claimant’s Solicitors by 4pm on 19th April 2024.
  3. The Defendant shall be liable to discharge all liabilities due to the CRU (CRU Ref UIN-806) pursuant to the provisions of the Social Security (Recovery of Benefits) Act 1997 which are quantified as £10,915.93. 
  4. The court approves the sum of £46,367.32 to be paid to the Claimant’s litigation friend in respect of the past gratuitous care provided to the Claimant.    
  5. Pursuant to CPR 21.11 (9) (a) the Court directs that the Claimant’s Litigation Friend shall apply to the Court of Protection for the appointment of a Deputy.
  6. The Claimant’s damages as set out in paragraph 1 shall be held by the Claimant’s solicitors in a designated client account pending the outcome of the application to the Court of Protection to appoint a financial Deputy to act on behalf of the Claimant.  
  7. Upon the appointment of a financial Deputy, the damages shall be paid out to the Claimant’s financial Deputy as so directed by the Court of Protection.
  8. Until such a time as a financial Deputy has been appointed by the Court of Protection, damages up to a maximum of £50,000 (fifty thousand pounds) held in the nominated account on behalf of the Claimant can be used by Weightmans Solicitors with agreement by the Litigation Friend for the Claimant’s exclusive benefit.
  9. The Claimant’s solicitors and/or Court appointed Deputy have permission to retain the sum of £140,000 from the Claimant’s approved damages pending resolution of the detailed assessment of the costs payable by the Claimant to the Claimant’s Solicitors as referred to in paragraph 12 below.
  10. The Defendant shall pay the Claimant’s costs of and occasioned by the action on the standard basis to be subject to a detailed assessment if not agreed. 
  11. The Defendant shall pay the sum of £200,000 by way of an interim payment on account of costs, such payment to be made to the Claimant’s solicitors by no later than 4pm on 19th April 2024.
  12. Upon payment of the damages the Defendant in accordance with paragraph 2 above and upon payment by the Defendant of the sums due to the CRU in accordance with paragraph 3 above, the Defendant shall be fully and irrevocably released and discharged from all or any liability to the Claimant in damages (including any claim that he has or may have for provisional damages) arising out of or as a result of the injuries suffered by Claimant in the accident which is the subject of these proceedings.
  13. Upon payment of the Claimant’s costs by the Defendant as set out at paragraph 10 above, the Defendant shall be fully and irrevocably released and discharged from all or any liability to the Claimant in costs.
  14. Unless the Claimant’s Solicitors waive their entitlement to be paid by the Claimant such shortfall in the costs recovered inter-partes as they may be otherwise entitled to under the terms of their retainer, there shall be a detailed assessment hearing to determine what costs, to include success fee, shortfall and ATE premium, such shall be payable by the Claimant to their Solicitors; such costs shall be assessed on the indemnity basis pursuant to CPR 46.9 and shall take place following the conclusion of the assessment or agreement of the inter partes costs.
  15. Permission to the Claimant and the Defendant to restore with regard to the implementation of this order only.