BLA -v- SAW (anonymity order)
Claim Number: F80SE007
In the County Court at
9 November 2022
His Honour Judge Robinson
Before His Honour Judge Robinson sitting at the County Court at Sheffield, The Law Courts, 50 West Bar, Sheffield, S3 8PH.
BEFORE His Honour Judge Robinson hearing the matter in the County Court at Sheffield, 50 West Bar, Sheffield S3 8PH on Monday 7 November 2022.
UPON hearing from Yvette Genn, Counsel for the Claimant and Brian McCluggage, Counsel for the Defendant.
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 is necessary 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 THAT:
1. That the identity of the Claimant be not disclosed.
2. That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “BLA” for the Claimant and “SAW” for the Defendant.
3. That the address of the Claimant 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.
- 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 5.4 at any time does not comply with the above, the Claimant’s solicitors have 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 original; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or District Judge of the Kings’s Bench Division”.
- A non-party may not, without the permission of a Judge, inspect or obtain any copy statement of case or document from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimant and in accordance with CPR r.5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
- The provisions of this Order shall not apply:
i) To communications between the anonymised parties, their Solicitors or Trustee and any financial institutions concerned as to the receipt or investment of such money; and
ii) To records kept by the anonymised parties, their Solicitors, Insurers, or Trustee or any such financial institution in relation to such money.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- Costs in the case.
Dated 9 November 2022