DAA -v- RXA (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: E25YM460
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LEICESTER DISTRICT REGISTRY
(A Protected Party by his Litigation Friend, DBB)
BEFORE His Honour Judge Hedley sitting as a Judge of the High Court at the Leicester District Registry on 2nd March 2022
An application was made on 2nd March 2022 by Leading Counsel for the Claimant and the Defendant appearing by Counsel.
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 of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
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.
IT IS ORDERED THAT:
1. The identity of the Claimant, the litigation friend and the Defendant shall not be disclosed.
2. The Claimant, the litigation friend and the Defendant be described in all 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 “DAA”, “DBB” and “RXA” respectively.
3. The address of the Claimant and of the litigation friend be stated in all documents to be filed or served in the proceedings as the address of the Claimant’s solicitors. The address of the Defendant be stated in all documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
4. In so far as necessary, any statement of case or other document disclosing the Claimant’s or Defendant’s names and addresses or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant, litigation friend or Defendant 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 Queen’s Bench Division”.
6. 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 Defendant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend or Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend and Defendant is prohibited.
8. The provisions of this Order shall not apply:
a) to communications between the anonymised party and Litigation Friend in relation to the investment or treatment of or payment out of such money;
b) to communications between the anonymised party or Litigation Friend and any financial institution concerned or deputy as to the receipt or investment of such money; or
c) to records kept by the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Nothing in paragraphs 1 to 9 above shall prohibit the parties from disclosing the Claimant’s name, address or any other information tending to identify him to the Compensation Recovery Unit of the Department for Work And Pensions and/or the Defendant, his insurers or his insurer’s successors in title, reinsurers, their legal and professional advisers or to HM Revenue & Customs (or its successor) or any other person required by law.