Claim No: E90MA136
In the High Court of Justice
Queen’s Bench Division
Manchester District Registry
21 July 2022
HHJ Sephton QC sitting as a judge of the High Court at the Manchester Civil Justice
(a protected party by the Official Solicitors as Litigation Friend)
RWS Contractors Limited
BEFORE HHJ Sephton QC sitting as a judge of the High Court at the Manchester Civil Justice Centre
UPON HEARING Leading Counsel for the Claimant and Leading Counsel for the Defendant
AND WHEREAS the Claimant is a protected party who brings the claim by his Litigation
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 identity of the Claimant be not disclosed.
2. That the Claimant be henceforth described in all statements of case, Judgement or Order and other document (but for the avoidance of doubt not including experts reports served and/or filed in the proceedings, medical records, school records, case management records and other similar documentation obtained through the disclosure process) in the proceedings and in any report of the proceedings by the press or otherwise as “ART” (or in other anonymised form as ordered).
3. That the address of the Claimant be stated in all statements of case and other court documents in the proceedings as the address of the Claimant’s solicitors.
4. That a copy of this Order be filed and retained as part of the electronic file and it be prominently recorded so as to be apparent on any access to the electronic file that an anonymity order has been made.
5. 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”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or any member of the Claimant’s immediate family is prohibited.
7. The provisions of this Order shall not apply:-
i) to communications between the Court Funds Office and the anonymised party or Litigation Friend or Deputy 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, Deputy 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 institutions in relation to such money.
8. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraphs 1 to 4 and 6 shall not apply in those respects.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as ART.