BG -v- Garden Furniture Global Ltd (anonymity order)
Claim Number: KB-2024-001643
In the High Court of Justice
King’s Bench Division
8 November 2024
Before:
Master Armstrong
Between:
BG
(A Protected Party by his Litigation Friend BL)
-v-
Garden Furniture Global Ltd
Anonymity Order
BEFORE Master Armstrong, sitting as a Master of the King’s Bench Division in the Royal Courts of Justice, Strand, London on 8 November 2024
UPON READING an Application Notice from the Claimant dated 25 October 2024; and
UPON HEARING Counsel for the Claimant and Counsel for the Defendant
WHEREAS the Claimant is a Protected Party and brings a claim by a Litigation Friend against the Defendant by a Claim Form under Claim Number KB-2024-001643 for personal injuries arising from an accident at work on 10 June 2021
AND WHEREAS the Claimant is a protected beneficiary for whom a Court of Protection Deputy was appointed to manage the Claimant’s property and financial affairs by order of Deputy District Judge Nadin dated 25 May 2023
AND WHEREAS the Claimant and the Defendant have reached a proposed settlement in respect of the claim in respect of which approval is being sought from the Court
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.
- It appearing that non-disclosure of the identity of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant.
- The Defendant indicating its neutrality to the making of the Order and there being no representations from the press or any other interested party
AND PURSUANT to Section 11 of the Contempt of Court Act 1981 and Rules 5.4C, 5.4D, 39.2 (4) and 39.2 (5) of the Civil Procedure Rules
IT IS ORDERED
1) That identity of the Claimant and his Litigation Friend in these proceedings are protected and shall not be published.
2) Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings the name or address or email address of the Claimant, the Claimant’s Litigation Friend or any details that could lead to the identification of the Claimant. The parties shall be referred to as set out at paragraph 3 of this Anonymity Order.
3) In any report of these proceedings or any other publication (by whatever medium) including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “BG”;
(ii) The Litigation Friend shall be referred to as “BL”;
(iii) The Defendant shall continue to be referred to as “Garden Furniture Global Limited”;
(iv) Any other details liable to lead to the identification of the Claimant and/or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
4) That in so far as is necessary, any statements of case or other documents disclosing the name or address of the Claimant or Litigation Friend already filed in the proceedings be replaced by documents describing such name or address in anonymised form as above by 4pm on 5 December 2024.
5) That pursuant to 4) above the Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with 3) above by 4pm on 5 December 2024.
6) That the unredacted original of any such documents disclosing the name or address of the Claimant or the Litigation Friend is to be placed on the Court file marked “Not To Be Opened Without Permission of the Judge, Master or District Judge of the King’s Bench Division”.
7) That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant’s Solicitor with at least 7 days’ notice, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
8) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and the address of the Claimant, any other member of the immediate family of the Claimant, or the Litigation Friend is prohibited.
9) That the provisions of this Order shall not apply:
a) To the communications between the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant in relation to the payment of money for the benefit of the Claimant or the investment or treatment of or payment out of such money; or
b) To communications between the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant and any financial institution concerned as to the receipt or investment of such money; or
c) To records kept by the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant or any such financial institution in relation to such money.
10) 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 judicialwebupdates@judiciary.uk.
11) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied, providing that any such Application is made on notice to the Claimant’s Solicitor and that at least 7 days’ prior notice of the intention to make such an application is given.
12) Costs in the case.