BEA and another -v- Motor Insurers’ Bureau (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2019-001348
In the High Court of Justice
Queen’s Bench Division
Date: 19 July 2022
Judge Hugh Southey QC (Sitting as a Deputy Judge of the High Court)
(By his Father and Litigation Friend NEA)
Motor Insurers’ Bureau
UPON an Application of the Claimant dated 05.07.22 (the Claimant’s Application);
AND UPON hearing Leading Counsel for the Claimant and Leading Counsel for the Second Defendant;
(1) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Second Defendant indicating its neutrality to the making of the Order and there being no representations from the press or any other interest party.
AND PURSUANT to Section 6 of the Human Rights Act 1998; Section 11 Contempt of Court Act 1981, Civil Procedure Rules 1.1, 3.1, 5.4 AD and 39.2(4) and the inherent jurisdiction of the Court;
1. 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.
2. For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do 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 of Protection and the anonymised party and / or his Court appointed Deputy in relation to the payment of money for the benefit of the anonymised party or the investment of such money.
(ii) Communications between the Court of Protection, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court of Protection, the anonymised party, his Court appointed Deputy 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 First and Second Defendant, the MIB, 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.
IT IS HEREBY ORDERED THAT:
1. The identity and the address/location of the Claimant, his Litigation Friend and First Defendant is protected and shall not be Published without the permission of the Court.
2. 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, the First Defendant, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of BEA as the Claimant in these proceedings. The Claimant, the Litigation Friend and First Defendant 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 medium) in relation thereto:
a. The Claimant shall be referred to as “BEA”.
b. The Litigation Friend shall be referred to as “NEA”
c. The First Defendant shall be referred to as “FSD”
d. Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. The address of the Claimant and the Litigation Friend 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.
5. The address of the First Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Second Defendant’s Solicitors.
6. Pursuant to CPR Rules 5.4C and 5.4D:
a. 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 subparagraphs 3(a) to (d) above.
b. If a person who is not a party to the proceedings applies (pursuant to CPR 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 solicitor.
7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19th July 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.”
8. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied provided that any such application is made on notice to the Claimant’s solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
9. 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
10. Costs in the case.