AXW -v- Blessing Amponsah and Marshmallow Insurance (anonymity order)
Claim number: KB-2025-002933
In the High Court of Justice
King’s Bench Division
15 August 2025
Before:
Master Davison
Between:
AXW
(A Protected Party, by her Father and Litigation Friend, DXW)
-v-
(1) Blessing Amponsah,
(2) Marshmallow Insurance Limited
(Incorporation No (Gibraltar) 120387)
Order
BEFORE Master Davison sitting at the Royal Courts of Justice on 15th August 2025
UPON READING the Claimant’s Application Notice issued on 7th August 2025 and the witness statement of Bethany Grace Sanders dated 7th August 2025:
AND UPON consideration of:
(1) The Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) The principles set out in the Judgment of the Court of Appeal in JXMX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96
(3) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
AND UPON the Court noting the Defendants neutral stance to the Claimant’s Application and making of the Order and there being no representations from the press or other interested party.
WHEREAS the Claimant, a protected party who proceeds by her Litigation Friend, has made a claim (“the Claim”) against the Defendants for personal injuries suffered by her arising out of the First Defendant’s negligence and for which the Second Defendant has a liability to satisfy any Judgment.
WHEREAS for the purposes of this Order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including interest and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph 1 above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
AND PURSUANT to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR rules 5.4A to 5.4D and 39.2
IT IS ORDERED THAT:
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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, the Claimant’s Litigation Friend 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 the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this anonymity Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) including in all statements of case and other documents subsequently files or served in these proceedings, and in any Judgment or Order in the proceedings in relation thereto:
i. The Claimant shall be referred to as “AXW”
ii. The Litigation Friend shall be referred to as “DXW”
iii. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- That the unredacted originals of any documents disclosing the name or address of the Claimant or of the Litigation Friend 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 King’s Bench Division.’
- The Court’s paper and digital files are to be retained by the Court and marked with the words ‘an anonymity Order was made in this case on 15th August 2025 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.’
- Pursuant to CPR Rules 5.4C and 5.4D:
i. A person who is not a party to 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 anonymized in accordance with subparagraphs 3i to 3iii above.
ii. If a person who is not a party to proceedings applies (pursuant to CPR r5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 14 days’ notice to the Claimant’s solicitor, trustee or Deputy and the Court will affect service.
Reporting Restrictions
- That reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the Litigation Friend, the publication of the name and address of the Claimant or any member of the Claimant’s immediate family.
- The provisions of this Order shall not apply:
i. To communications between the Court Funds Office and the anonymised party, their Deputy 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 or the anonymised party, their Deputy or Litigation Friend or any such financial institution concerned as to the receipt of investment of such money; or
iii. To records kept by the Court Funds Office or the anonymised party, their Deputy or the Litigation Friend or any such financial institution in relation to such money.
Procedure
- A copy of this Order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as AXW and the Litigation Friend referred to as DXW.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitors and that at least 14 days’ prior notice of the intention to make such an application is given.
- The costs of obtaining this Order be costs in the case.
DATED this 15th day of August 2025