Claim No: QB-2022-000245
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 28 July 2022
Anonymised Party PM as
Administratrix and on behalf of the
Estate and all Dependants of PL (Deceased)
BEFORE MASTER EASTMAN sitting in the Royal Courts of Justice, Strand, London on 28 July
UPON HEARING Counsel on behalf of the Claimant and Counsel for the Defendant
WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for fatal personal injuries suffered by PL (“the Deceased”) arising out of the incident on 28 July 2019 and in respect of which proceedings were commenced by the Claimant against the Defendant
AND UPON consideration of the Claimant’s and the Deceased’s minor dependants’ Article 8 rights for private and family life and the Article 10 right to freedom of expression
AND WHEREAS pursuant to CPR r39.2 (4) the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and the Deceased’s minor dependants (“the Dependants”) and necessary to secure the proper administration of justice and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to Section 11 of the Contempt of Court Act 1981, Section 6 and Article 8 of Schedule 1 to the Human Rights Act 1998 and CPR Rules 5.4C and 5.4D and Rule 39.2 that:-
- There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant, the Deceased or the Dependants in this action.
- There be substituted for all purposes of this case, in place of reference to the Claimant by name, whether orally or in writing, references to the letters “PM”.
- There be substituted for all purposes of this case, in place of reference to the Deceased by name, whether orally or in writing, references to the letters “PL”.
- Further, there be substituted for all purposes of this case, in place of reference to the Dependants by name, whether orally or in writing, references to the following letters: a. “CP” (born on 26 May 2009); b. “LF” (born 20 September 2012); and c. “TY” (born 31 May 2015).
- To the extent necessary to protect the Claimant’s, the Deceased’s and/or the Dependant’s identities, any other reference, whether to persons or places or otherwise, to be adjusted appropriately, with permission to the Claimant to apply in default or agreement as to the
manner of such adjustments.
- So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to
comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “Not to be opened without permission of a Judge or Master of the Queen’s Bench
Division” and any electronic version is not to be accessed without permission of a Judge or Master of the Queen’s Bench Division.
- A non-party may not without permission of a Master obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction. 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”.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the Deceased, or any of the Dependants.
- Save that, in so far as this part of the Order applies to the Defendant, it does not prohibit disclosure by the Defendant of the Claimant’s, the Deceased’s or the Dependants’ names and addresses or any other information tending to identify them to their reinsurers, to potential
annuity providers or their legal and professional advisors including medical examiners or the Compensation Recovery Unit or any person required by law.
- The provisions of this Order shall not apply:- (i) to communications between the Court Funds Office and the anonymised party or
Litigation Friend 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) 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; or (iii) 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.
- The Claimant has permission to amend the claim form giving the address of their solicitors in place of their residential address. A sealed letter with the Claimant’s full name and address is to be placed or entered on the file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
- A copy of this order is to be published on the website of the Judiciary of England and Wales in accordance with CPR Rule 39.2(5).
- Any non- party affected by this Order may apply on notice to set aside or vary this Order.