CDE -v- QRS (anonymity order)
Claim No: QB-2018-001184
In the High Court of Justice
Queen’s Bench Division
19 October 2021
Before:
Master Thornett
Between:
CDE (By Her Mother and Litigation Friend, FGH)
-v-
QRS
ORDER
UPON consideration of the Infant Approval Bundle filed by the Claimant’s solicitor;
AND UPON consideration of the Claimant’s and the Defendant’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 identities of the Claimant and of the Defendant is necessary in order to protect their respective interests;
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;
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged negligence on 14 February 2011 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division and served upon the Defendant on 22 December 2018 (”the Claim”);
AND WHEREAS the Claimant is a child and brings the Claim by her Mother as Litigation Friend;
IT IS ORDERED: –
1. That the identity of the Claimant and of the Litigation Friend not be disclosed.
2. That the Claimant and the Litigation Friend 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 “CDE” and “FGH”.
3. That the Defendant 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 “QRS”.
4. That the address of the Claimant and the Litigation Friend 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.
5. That the address of the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
6. That in so far as necessary, any statement of case or other document disclosing the Claimant’s or the Defendant’s name or address, or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or addressed in anonymised form as above.
7. That the original of any such document disclosing the name or address of the Claimant, of the Defendant, or of the Litigation Friend is to be placed on the Court file marked confidential ”not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”
8. That 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 Defendant, and the Court will effect service. This file is to be retained by the Court and marked ”Anonymised”.
9. That reporting restrictions apply as to the disclosing or any information that may lead to the subsequent identification of the Claimant, of the Defendant, or of the litigation friend. The publication of the name and address of the Claimant, or of the Defendant, or of the litigation friend, or any member of the Claimant’s or of the Defendant’s immediate family or the name and address of the litigation friend is prohibited.
10. The provision of this Order shall not apply: –
i. to communications between the Court Funds Office and the anonymised party or litigation friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment or payment out of such money;
ii. to communications between the Court Funds Office and/or the anonymised party or litigation friend and any financial institution concerned as to the receipt or investment of such money; or
iii. to records kept by the Court Funds Office or the anonymised party or litigation friend or any such financial institution in relation to such money
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the Claimant shall be referred to as ”CDE” and the litigation friend as ”QRS”.