BXZ -v- Evans-Campbell & another (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim No: QB-2022-002272
In the High Court of Justice
King’s Bench Division
(1) Joab Evans-Campbell
(2) Great Lakes Insurance Se, UK Branch
Upon consideration of the without notice application of the Claimant made by Application Notice dated 29 September 2022 (“the Application”); and
Upon the Court having read the Witness Statement of the Claimant’s Solicitor, annexed to the application; 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 (at least at this point) of the identity of the Claimant is necessary in order to protect the interests of the Claimant and to secure the proper administration of justice
And Upon the Court not knowing whether or not the First Defendant is going to seek to defend this claim in relation to either liability or amount of damages
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 6 of the Human Rights Act 1998 and Section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
AND WITHOUT A HEARING.
IT IS ORDERED THAT:
- The identity of the Claimant not be disclosed publicly or in documents relating to this case.
- There be substituted for all purposes of this case, in place of references to the Claimant by name whether orally or in writing, references to “BXZ”.
- The Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “BXZ”.
- The address of the Claimant be redacted in all statements of case and other documents to be filed; and that the Claimant’s solicitors’ address be used for the Claimant in the Claim Form.
- In so far as necessary, any statement of case or other document disclosing the Claimant’s name or address 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 is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division” or if stored electronically shall be identified “not to be opened without the permission of a Judge, Master or District Judge of the King’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 District 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 marked “Anonymised”.
- 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 or any member of the Claimant’s immediate family is prohibited.
- The Claimant (subject to Paragraph 10 below) has permission to redact the Claimant’s name, address and the monetary value on the Claim Form and in the Particulars of Claim, and to redact the particulars of injury section in the Particulars of Claim and the monetary value of the claim, to be served on the First Defendant only, and which service is to take place (with the Response Pack) by 4.30pm on 31 October 2022. The Claimant has permission for the service of the schedule of loss and any supporting medical evidence be dispensed with on the First Defendant.
- The Particulars of Claim as served on the First Defendant must enable the First Defendant to understand (1) in relation to what event the First Defendant is being sued and (2) that the First Defendant is being sued for substantial damages; and there must accompany the Claim Form and Particulars of Claim (as served on the First Defendant) a statement that if the First Defendant does not send to court and to the Claimant an Acknowledgment of Service and a Defence then the Court may proceed with the claim against both the First and the Second Defendant without any, or with only limited, reference to or notification of the First Defendant.
- The Claimant shall serve a copy of this order upon the First and Second Defendants by 4,30pm on 31 October 2022.
- The Claimant shall serve full un-redacted copies of the pleadings on the Second Defendant by 4.30pm on 31 October 2022.
- Should the First Defendant instruct legal representation, a full copy of the un- redacted issue documents shall be provided to their legal representatives by the Claimant within 21 days of notice of action being on Court record, subject to an undertaking not to share these documents with the First Defendant.
- Any party may apply to have this Order set aside or varied, in the case of the First Defendant at any point and in the case of the Claimant or the Second Defendant within 14 days of service of the Order upon them.
- The provisions of this Order shall further be reviewed at the first hearing in this matter.
- There shall be published on the website of the judiciary of England and Wales www.judiciary.uk a copy of this order. Any person who is not a party to the proceedings may apply to set aside or vary this order
- Costs in the case.