Claim Number: J80 MA148
In the County Court at Manchester
9 November 2022
HHJ Sephton KC
CWW (A Child by His Mother and Litigation Friend, JEB)
Emerald Taxis Limited
BEFORE HHJ Sephton KC sitting at the Manchester Civil Justice Centre on 9 November 2022
WHEREAS the Claimant acting by his Mother and Litigation Friend has made a claim against the Defendant for personal injuries suffered by him arising out of the Defendant’s admitted negligence on 12 February 2016
AND UPON the Claimant and the Defendant having agreed the terms set out in the Approval Order of even date which has been approved by the Court
AND UPON HEARING Mr. James Bell of Counsel on behalf of the Claimant and Mr. Jonathan Grace of Counsel on behalf of the Defendant
1) Consideration of the Claimant’s Article 8 right 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 and of his Litigation Friend is necessary in order to protect the interests of the Claimant
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 11 of the Contempt of Court Act 1981 and Civil Procedure Rules (CPR) 5.4A to 5.4D and 39.2(4)
IT IS ORDERED THAT:
- The identity of the Claimant and of his Litigation Friend is protected and shall not be published or disclosed.
- Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings, the name or address or other contact details of the Claimant or of his Litigation Friend, or any details that could lead to their identification. The Claimant and his Litigation Friend shall be referred to as set out at paragraph 3 of this Anonymity Order.
- In any report of these proceedings or other publication (by whatever medium) including all Statements of Case and other documents subsequently to be filed or served in these proceedings and in any Judgment or Order in the proceedings in relation thereto:
i) The Claimant shall be referred to as “CWW” and his Litigation Friend as “JEB”;
ii) Any other details liable to lead to the identification of the Claimant and of his Litigation Friend (including any names of any other family members or addresses) shall be redacted before publication.
- That insofar as necessary, any Statement of Case or other document disclosing the name or address of the Claimant and/or of his Litigation Friend already filed in these proceedings shall be replaced by a document redacting such name or address as above.
- That the unredacted original of any such document disclosing the name or address of the Claimant or of his Litigation Friend is to be placed on the Court File in a sealed envelope marked “Not to be opened without the permission of a Circuit Judge or District Judge of the Manchester County Court”.
- Pursuant to CPR Rule 5.4C:
i) A person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised in accordance with paragraphs 3 and 4 above;
ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rules 5.4C(1B) or (2)) for permission to obtain a copy of any other document or communication, such Application shall be on at least 7 days’ notice to the Claimant’s Solicitor and the Court will effect service.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitor and that at least 7 days’ prior notice of the intention to make such an Application is given.
- The provisions of this Order shall not apply:
i) To communications between the Claimant’s Solicitors/Court of Protection/Court Funds Office and the anonymised parties and the Defendant’s Solicitors in relation to payments or investments of monies for the benefit of CWW;
ii) To communications between the Claimant’s Solicitors/Court of Protection/Court Funds Office and the anonymised parties and any financial institution concerned as to the receipt or investment of such monies;
iii) To records kept by the Court of Protection/Court Funds Office or by the anonymised parties or by any financial institution as above in relation to such money;
iv) To communications between the Defendant’s Solicitors and the Claimant’s Solicitors in relation to the payment of money for the benefit of CWW and/or to communications between the Defendant and the Department of Work & Pensions relating to benefits repayable pursuant to the Certificate of Recoverable Benefits herein.