AX1 -v- Andrew Shaw and others (anonymity order)
Claim No.: QB-2021-002931
In the High Court of Justice
Queen’s Bench Division
17 August 2021
Before:
Master McCloud
Between:
AX1
-v-
Andrew Shaw
Prometheus Insurance Company Limited
The Financial Services Compensation Scheme Limited
Motor Insurers Bureau
ORDER
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.
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendants for injuries sustained in a road traffic accident on 10th August 2018 and in respect of which proceedings have been commenced by the Claimant against the Defendants in the High Court of Justice Queen’s Bench Division.
AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an order in the terms of paragraphs 1 to 6 below is necessary in order to protect the interests of the Claimant and that there is no countervailing public interest in disclosure.
IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. The Claimant shall hereafter be referred to as AX1.
2. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant or any details leading to the identification of any of them, if referred to, they shall be referred to in these proceedings as AX1.
3. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised such that (a) the Claimant is referred to as AX1 (b) the address has been deleted from those documents and (c) all details that may lead to their identification are omitted or deleted. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant.
4. The original of any such document held by the Court disclosing the name or address of the Claimant, is to be placed in 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”. Any electronic file held by the Court shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
5. Nothing in paragraphs 1 to 3 above shall prohibit the Defendant’s insurers from disclosing the name, address or any other information tending to identify the Claimant or the other parties to their legal and professional advisers, to any reinsurers, accountants, auditors and/or to HM Revenue & Customs (or its successor) or any other person so entitled by law.
6. Any interested party shall have permission to apply in relation to this Order upon notice to the Claimant’s solicitors.