BXB -v- Mr Stephen Hodgson and another (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2022-NCL-000063

In the High Court of Justice
King’s Bench Division
Newcastle District Registry

24 March 2025

Before:

Mr Recorder Brain
sitting as a judge of the High Court

Between:

BXB

-v-

Mr Stephen Hodgson
(First Defendant)

and

Covea Insurance
(Second Defendant)

and

Motor Insurers’ Bureau
(Third Defendant)

Anonymity order

BEFORE Mr Recorder Brain sitting as a judge of the High Court at the Newcastle District Registry on 24 March 2025

AND UPON HEARING Mr Andrew Axon for the Claimant and Mr Alex Taylor for the Third Defendant

WHEREAS the Claimant has made a claim against the Defendant for personal injury, loss and damage suffered by her arising out of a road traffic accident which took place on 2 August 2019, and in respect of which proceedings were commenced by the Claimant in the Newcastle District Registry on 12 August 2022 (“the Claim”)

AND WHEREAS the Claimant is a protected party and she brings this claim by the Official Solicitor, Litigation Friend.  

AND UPON

(1) Consideration of the Article 8 rights of the Claimant 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 to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) 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 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
(1) ‘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.
(2) 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.

IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. In any event, any document supplied to the First Defendant shall be redacted in so far as it shows the Claimant’s name, date of birth, or address or other data by which she may be identified and located.
  3. 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 Claimant or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 3 of this Order.
  4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “BXB”.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

5. Pursuant to CPR Rules 5.4C and 5.4D:
(i) 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(i) to (iv) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.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, trustee or deputy.

  1. The Claimant’s solicitor shall by no later than 18 April 2025 file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 24 March 2025 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.”
  3. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  4. 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.
  5. The costs of obtaining this order be costs in the case.

DATED this 24th day of March 2025