AYZ -v- Longstaff and others (anonymity order)
Claim No.: QB-2021-002097
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 08/02/2022
Before:
Master Sullivan
BETWEEN
AYZ (By his son and litigation friend BYZ)
-v-
(1) Mr Robert Longstaff
(2) Bliss Limousine Hire
(3) RSA Insurance Group Plc
ORDER
UPON hearing Leading Counsel for the Claimant and Leading Counsel for the
Defendants
AND UPON consideration of the Claimant’s Article 8 right to respect for
private and family life and the Article 10 right of freedom of expression
AND UPON it appearing that the case is likely to attract publicity and that
revealing the identity of the Claimant or his immediate family is likely to
unfairly damage the interests of the Claimant and those of his family members
and that non disclosure of their identity is necessary in order to protect their
interests and there is no sufficient countervailing public interest in their
disclosure
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11
of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil
Procedure Rules and section 6 of the Human Rights Act 1998.
IT IS ORDERED that:
1. The identities of the Claimant and of the litigation friend be not
disclosed.
2. The Claimant and the litigation friend/lay deputies be described in all
statements of case and other documents to be filed or served in the
proceedings and in any judgement or order in the proceedings and in any
report of the proceedings by the press or otherwise as AYZ and BYZ and
CYZ.
3. To the extent necessary to protect the Claimant’s identity, any other
references, whether to persons or places or otherwise, be adjusted
appropriately, with permission to the parties to apply in default of agreement
as to the manner of such adjustments.
4. Provided that the parties and/or their advisers and/or the above named
Defendants do not publish any documents containing references to the
Claimant or his litigation friend by name the parties be at liberty to retain their
files in this case without alteration or substitution and to retain and generate
internal documentation which identifies the Claimant and the litigation friend
for the purposes of the litigation.
5. So far as the Claim Form, or any Judgment or Order, or any other
document to which anyone might have access pursuant to CPR Rule 5.4A-D
at any time does not comply with the above, the Claimant’s solicitor has leave
to file with the Court copies of such document adjusted so as to comply
therein. Such copies are to be treated for all purposes as being in substitution
for the relevant originals; and the originals are then to be retained by the
Court and marked: “Confidential – not to be opened without the permission of
a Judge or Master of the Queen’s Bench Division”.
6. A non-party may not inspect or obtain the copy of any document from
the court file (other than this order – duly anonymised as directed) without the
permission of a Master. Any application for such permission must be made on
notice to the Claimant. Such file is to be retained by the court and marked
“Anonymised”.
7. A non-party may not obtain any copy statement of case or other
document from the court file unless it has been edited (anonymised) in
accordance with this direction.
8. Reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the Claimant or his family.
9. Any non-party affected by this order may apply on notice to set aside or
vary this order.
10. A copy of this order will be published on the website “Courts and
Tribunals Judiciary” of England & Wales.