DEF -v- Gotz & others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: QB-2020-002231

In the High Court of Justice
King’s Bench Division

4 October 2022

Between:
DEF (A Protected Party suing by his wife and
Litigation Friend, KLM)
-v-
(1) Penelope Jane Gotz
(2) Aviva Insurance Limited
(3) Richard Green
(4) Liverpool Victoria


Anonymity Order

BEFORE CLARE PADLEY (sitting as Deputy Judge of the High Court) at the Royal Courts of Justice on 4 October 2022

WHEREAS the Claimant has brought a claim against the Defendants for personal injuries suffered by him arising out of an accident which occurred on 12 August 2018 (“the Claim”).

UPON the Claimant and Defendants having agreed the terms set out in the Approval Order of even date, which have been approved by the Court

AND UPON hearing via MS Teams, Mr Richard Gregory, Counsel for the Claimant and Mr William Featherby KC, Leading Counsel for the Defendants.

AND UPON:

(1) 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.

(2) It appearing that non-disclosure of the identities of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.

(3) The Defendants indicating their 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’) 5.4C, 5.4D and 39.2(4).

WHEREAS:
(1) For the purposes of this order:
(i) ‘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.

(ii) 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.

(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(ii) Records kept by the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iii) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(iv) Communications between the Defendants, their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(v) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vi) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.

IT IS ORDERED that:

  1. The identity of the Claimant as a party 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 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 DEF as 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 report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “DEF”.
    (ii) The Litigation Friend shall be referred to as “KLM”.
    (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.

  1. 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 4pm on 25 October 2022.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
  3. 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.
  4. 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.
  5. The costs of obtaining this order shall be costs in the case.