Claim number: KB-2021-000154
In the High Court of Justice
King’s Bench Division
27 June 2023
His Honour Judge Mark Gargan sitting as a Judge of the High Court
CD (A Protected Party by his Litigation Friend BD)
MarkerStudy Insurance Company Limited
Before His Honour Judge Mark Gargan sitting as a Judge of the High Court at the Royal Courts of Justice on 27 June 2023.
WHEREAS the Claimant has made a claim against the Defendants for personal injuries suffered by him arising out of the First Defendant’s negligence liability for which was compromised by way of an Order approved by this Court on 4 day of October 2021
AND UPON the Claimant and the Defendants having agreed the terms set forth in the Approval Order dated 27 June 2023, which have been approved by the Court.
UPON HEARING Emily Formby KC, on behalf of the Claimant and Marcus Dignum KC, on behalf of the Defendant
AND UPON the application notice dated 8 June 2023:
- Consideration of the Claimant’s Article 8 rights 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 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.
- 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; section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) rules 5.4B, 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 (1) 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 BY CONSENT THAT:
1. The identity of the Claimant in these proceedings is protected and confidential and shall not be published.
2. 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 the Claimant, the Claimant’s Litigation Friend 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 and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any Judgment or Order or report of these proceedings, or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, in relation thereto:
(i) The Claimant shall be referred to as “CD”.
(ii) The Litigation Friend shall be referred to as “PD”.
(iii) 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.
4. 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 (iii) 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.
5. 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 paragraph 3 above by 18 July 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 June 2023 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.”
7. The unredacted 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 or District Judge of the King’s Bench Division”.
8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
9. 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 email@example.com.
10. The costs of obtaining this order be costs in the case.