BNG and GHI (interested party) -v- Montgomery and another (anonymity order)
Claim Number: QB-2022-000464
In the High Court of Justice
King’s Bench Division
12 April 2022
Before:
Master Stevens
Between:
BNG (a Protected Party By GHI His Litigation Friend)
-v-
(1)Robert Stephen Montgomery
(2) Ageas Insurance Limited
Order
BEFORE MASTER STEVENS sitting remotely in the Queen’s Bench Division, Royal Courts of Justice, Strand, London on 12th April 2022
UPON hearing Leading Counsel for the Claimant and the Defendant appearing by Leading Counsel
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 his Litigation Friend 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 THAT:
- The identity of the Claimant and the litigation friend shall not be disclosed.
- The Claimant and the litigation friend be described in all 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 “BNG” and “GHI” respectively.
- The address of the Claimant and of the litigation friend be stated in all documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- In so far as necessary, any statement of case or other document disclosing the Claimant’s name and address or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- The original of any such document disclosing the name or address of the Claimant or litigation is to be placed on the Court file and /or HMCTS e-filing service system and marked “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
- 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 High Court Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and shall be clearly marked with the words “ An Anonymity Order was made in this case on 12th April 2022 and any application by a non-party to inspect or obtain a copy of a document from this file must be dealt with in accordance with the terms of that Order”.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
- The provisions of this Order shall not apply:
a) to communications between the anonymised party and Litigation Friend in relation to the investment or treatment of or payment out of such money;
b) to communications between the anonymised party or Litigation Friend and any financial institution concerned or deputy as to the receipt or investment of such money; or
c) to records kept by the anonymised party or Litigation Friend or any such financial institution in relation to such money.
- Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- Nothing in paragraphs 1 to 9 above shall prohibit the parties from disclosing the Claimant’s name, address or any other information tending to identify him to the Compensation Recovery Unit of the Department for Work And Pensions and/or the Defendant, his insurers or his insurer’s successors in title, reinsurers, their legal and professional advisers or to HM Revenue & Customs (or its successor) or any other person required by law.