Anonymous -v- Mark Coley and another (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim No. E90BM221

In the High Court of Justice
Queen’s Bench Division

Birmingham District Registry

26 August 2021

Before:

HHJ Kelly

Between:

Anonymous (A Protected Party who proceeds by his Son-in-Law and Litigation Friend)

-v-

MARK COLEY

ESURE SERVICES LIMITED

ORDER

BEFORE Her Honour Judge Kelly, Designated Civil Judge, sitting as a High Court Judge at Birmingham District Registry, Civil Justice Centre, The Priory Courts, 33 Bull St, Birmingham B4 6DS on 26 August 2021.

UPON HEARING Mr Chris Bright QC, Leading Counsel for the Claimant and Mr Matthew Perkins, Instructing Solicitor for the Second Defendant, and upon the First Defendant not attending or being represented.

AND UPON the hearing being held remotely but broadcast in open court in accordance with CPR PD51Y.

AND UPON the Claimant having made an application for an anonymity order and there being no objection from any member of the public or press.

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 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.

IT IS ORDERED:

  1. That the identities of the Claimant, his Litigation Friend and immediate family, and of the First Defendant, shall be not disclosed.
  2. That the Claimant, his Litigation Friend and the First Defendant shall 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 “GX”, “MY” and “MZ” respectively.
  3. That the address of the Claimant and of his Litigation Friend be stated in all statements of case and all 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 immediate family already filed in the proceedings be replaced by a document describing such name or address in 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 immediate family 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, as to which names of the Claimant, his Litigation Friend and the First Defendant must be redacted by the Court before disclosure) 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 “Private”.
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, his Litigation Friend, his immediate family and the First Defendant. 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 is prohibited.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. That nothing in this order shall prohibit the Second Defendant from disclosing the Claimant’s name and address to its re-insurers, its legal and professional advisers (including Ms Sue Peters, statutory funding adviser), any annuity provider, a nominated medical examiner or to HM Revenue & Customs (or its successor), or to the Compensation Recovery Unit or to any other person as required by law.
  10. The Court hereby authorises the non-publication of this Order pursuant to its power to do so under CPR 39.2(5).
  11. Costs in the case.