Claim Number: QB-2020-002974
In the High Court of Justice
King‘s Bench Division
28 November 2022
His Honour Judge Ambrose
Sitting as a Judge of the High Court
(Administrator of the Estate of
Haven Insurance Company Limited
Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and Dependants.
UPON hearing Leading Counsel for the Claimant and (via CVP) Counsel for the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and that of the Dependants and the Article 10 right of freedom of expression
AND UPON the Court being satisfied that an Order in the terms of paragraphs 1 to 7 below is necessary to protect the interests of the Claimant and the Dependants and that there is no sufficient countervailing public interest in disclosure
AND UPON the Defendant indicating its neutrality on 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, and section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.
WHEREAS for the purposes of this Order:
(i) ‘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.
(ii) 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:
- The identities of the Claimant as a party to these proceedings and of the Dependants cited at paragraph 3 of this Order are confidential and shall be not published.
- 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 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 AXD as the Claimant in these proceedings, or identification of any of the Dependants. The Claimant and the Dependants shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto, the Claimant, Deceased and Dependants shall be referred to by the ciphers below:
The Claimant AXD
The Deceased BXD
[Dependant MW] QVK
[Dependant SW] RVK
[Dependant PW] SVK
[Dependant GW] TVK
[Dependant CW] UVK
[Dependant SW] XVK
- Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant or any of the Dependants (including any names of other immediate family members or their addresses) shall be redacted before publication.
- That the address of the Claimant and Dependants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- 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 paragraph 3 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 solicitors.
- 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 4 above by 19 December 2022.
(i) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 28 November 2022 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.”
(ii) 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 solicitors.
(i) 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 firstname.lastname@example.org.
- For the avoidance of doubt the provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised parties in relation to the payment of money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised parties 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 parties or any such financial institution in relation to such money.
- The costs of obtaining this Order be costs in the case.
DATED this 28th day of November 2022
The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.