AZS and others -v- The Chief Constable of Lancashire Constabulary (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: G90MA354

In The High Court Of Justice
King’s Bench Division
Manchester District Registry

3 March 2023

Before:
HHJ Sephton KC

Between:
AZS (1)
(Executrix of the Estate of SZS, Deceased)
LZS (2)
(a Protected Party by her grandmother and Litigation Friend, AZS)
AQS (3)
(a Protected Party by his grandmother and Litigation Friend, AZS)
-v-
Discontinued Damien Raeburn (1)
Discontinued Motor Insurance Bureau (2)
The Chief Constable Of Lancashire Constabulary (3)

Anonymity Order

BEFORE His Honour Judge Sephton KC sitting at the High Court at the Manchester District Reg-istry at Manchester Civil Justice Centre, 1 Bridge Street West, Manchester M60 9DJ on 3rd March 2023.

WHEREAS the Claimants have a claim for damages arising from a road traffic accident that occurred on 26th December 2017 and in respect of which these proceedings were commenced by the Claimants against the First and Second Defendant on 18 November 2021 and the Third Defendant on 24 February 2021. The Claimants discontinued their claim against the First and Second Defendant on 15 July 2022

AND WHEREAS the Second and Third Claimants are Protected Parties and bring this claim by their grandmother and Litigation Friend

AND WHEREAS the Court is satisfied that the Second and Third Claimant lack capacity to litigate and manage their financial affairs

AND UPON HEARING Mr. Daniel Paul counsel for the Claimant, and Mr Winston Hunter KC counsel for the Third Defendant
AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression, the open justice principle, and X v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants, Litigation Friend and Deceased is necessary in order to protect the interests of the Claimants
AND PURSUANT to rule 39.2(4) and 39.2(5) 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 no coun-tervailing public interest in disclosure having been identified in relation to this part of the Order

AND PURSUANT TO section 11 of the Contempt of Court Act 1981 and CPR rules 5.4C, 5.4D and 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimants in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these pro-ceedings the name or address of the Claimants, or the Claimants’ family or any details that could lead to the identification of the Claimants. The Claimants, their Litigation Friend and Deceased shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever me-dium) in relation thereto:
    (1) The First Claimant and Litigation Friend shall be referred to as “AZS”
    (2) The Second Claimant shall be referred to as “LZS”
    (3) The Third Claimant shall be referred to as “AQS”
    (4) The Deceased shall be referred to as “SZS”
    (5) Any other details liable to lead to the identification of the Claimants (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (1) A person who is not a party to the 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 and redacted in accordance with subpar-agraphs 4(1) to (3) above.
    (2) In the event of anonymised or redacted documents being needed to facilitate access to documents from the court records in accordance with paragraph 5(1) of this Order, the parties shall cooperate with the Court in the supply of suitably edited documents.
    (3) 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 Claimants’ Solicitor.
  5. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 3rd March 2023 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.”
  6. Any person, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimants’ Solicitor, after having given them 7 days’ prior notice of the intention to make such an application.
  7. Costs in the case.