BDR (A Protected Party proceeding by his Litigation Friend, JD) -v- (1) KR (2) Advantage Insurance Company Limited(anonymity order)
Claim No: G90 MA304
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
Date: 12/01/2022
Between:
BDR (A Protected Party proceeding by his Litigation Friend, JD)
-v-
(1) KR
(2) ADVANTAGE INSURANCE COMPANY LIMITED
ANONYMITY ORDER
BEFORE HHJ Sephton QC sitting as a judge of the High Court at the Manchester District
Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ at a hearing conducted
remotely (by telephone) on 12 January 2022
UPON HEARING Mr. Jonathan Grace of Counsel on behalf of the Claimant and Ms. Charlotte
Reynolds of Counsel on behalf of the Second Defendant and the First Defendant neither attending nor being represented
AND UPON reading so far as necessary the documents submitted within the Approval Bundle
AND 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 and upon it appearing that non-disclosure of the identity of the Claimant and of the First Defendant is necessary in order to protect the interests of the Claimant
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and Section II of the Contempt
of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED (as regards the anonymity of the Claimant):
1. That the identity of the Claimant, the Claimant’s litigation friend and of the First
Defendant shall not be disclosed.
2. That the Claimant, the Claimant’s litigation friend and the First Defendant shall be
described in the Final Order herein, in any copy of this Order disclosed hereafter to any
non-party affected thereby and in any report of the proceedings by the press as “BDR”,
“JD” and “KR” respectively.
3. That the original and any copies of any Statement of Case or other document including
the Final Order disclosing the name or address of the Claimant or of the First Defendant
already filed in the proceedings are to be placed on the Court File in a sealed envelope or
box marked “Not to be opened without the permission of a Judge or District Judge of the
High Court”.
4. That a non-party may not inspect or obtain a copy of any document on or from the Court
File (other than this Order which must first be duly anonymised) without the permission
of a Judge or District Judge of the High Court. Any Application for such permission must
be made on notice to the Claimant by his Solicitors, and the Court will effect service. The
file is to be retained by the Court and marked “Anonymised”.
5. That reporting restrictions apply as to the disclosing of any information that may lead to
subsequent identification of the Claimant or of the First Defendant. The publication of
the name and address of the Claimant or any members of the Claimant’s immediate family
or the First Defendant is prohibited.
6. The provisions of this Order shall not apply:
i) To communications between the Claimant and his Solicitors and the Court in
relation to this action;
ii) To communications between the parties and their Solicitors and the proposed
Deputy who is to be appointed on behalf of the Claimant in relation to the payment
and/or receipt and/or management of the monies payable pursuant to the terms
of the Final Order herein;
iii) The records kept by the proposed Deputy and the parties and their Solicitors in
relation to the above monies;
iv) To communications between the Court Funds Office and the Solicitors for the
parties in relation to money paid into the Court Funds Office for the benefit of the
Claimant;
v) To communications between the Court Funds Office and the Deputy who will be
appointed on behalf of the Claimant in relation to the management of the money
paid into the Court Funds Office and/or the investment or treatment or payment
out of such money to the Deputy pursuant to the terms of the Final Order herein;
vi) To records kept by the Court Funds Office or the anonymised party in relation to
the above monies;
vii) To communications between the Second Defendant and the Department of Work
& Pensions relating to benefits repayable pursuant to the Certificate of
Recoverable Benefits herein.
7. That any non-party affected by this Order may apply on written notice to all parties to
have this Order set aside or varied.