CJS -v- Jay Kirkham and another (anonymity order)
Claim number: KB-2023-MAN-000072
In the High Court of Justice
King’s Bench Division
Manchester District Registry
5 June 2024
Before:
His Honour Judge Bird
sitting as a Judge in the High Court
Between:
CJS (A Protected Party by his Mother and Litigation Friend, MES)
-v-
Jay Kirkham
and
West Bay Insurance PLC
Anonymity Order
WARNING: You must comply with the terms imposed upon you by this Order. Otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make a formal Application to the Court before any deadline imposed upon you expires.
Before His Honour Judge Bird sitting as a Judge in the High Court, King’s Bench Division, Manchester District Registry at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 5th June 2024.
UPON hearing Christopher Melton KC for the Claimant and Steven Snowden KC for the Defendants.
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on 7th March 2020 and in respect of which proceedings were commenced by the Claimant against the Defendants in the High Court of the Justice King’s Bench Division on1st March 2023
AND WHEREAS the Claimant is, within the meaning of CPR 21.1.(2)(d), a protected party who brings the claim by his mother and litigation Friend, MES
AND WHEREAS the Claimant is, within the meaning of CPR 21.1.(2)(e), a protected beneficiary
AND UPON
- 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.
- 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 Claimantand 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 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, and the Litigation Friend to these proceedings, is protected 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 immediate family members or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of LC as the Claimant in these proceedings. The Claimant and Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. 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 “CJS”
(ii) The Litigation Friend shall be referred to “MES”
(iii) Any other details liable to 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 Court file shall be clearly marked with the words “An anonymity order was made in this case on 5th June 2024 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.”
6. 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 notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
7. 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
8 The costs of obtaining this order be costs in the case.