DIJ and ANR (interested party) -v- MAT and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: Qb-2020-004531

In the High Court of Justice
King’s Bench Division

30 January 2023

Before:
Tom Little KC

Between:
DIJ
(Widow and Administratrix of the Estate of ANR, Deceased)
-v-
(1) MAT
(2) Markerstudy Insurance Services Limited

Anonymity Order

BEFORE Tom Little KC (sitting as a Deputy Judge of the High Court) at the Royal Courts of Justice on 30 January 2023

UPON HEARING William Latimer-Sayer, one of His Majesty’s Counsel, on behalf of the Claimant and Thomas Banks, counsel on behalf of the Defendant

AND UPON:
(1) Consideration of s12 of the Human Rights Act 1998
(2) The Court being satisfied that an order for non-disclosure of the identity of the Claimant, the First Defendant, the Deceased and the dependants of the Deceased is necessary in order to protect the interests of the Claimant and the dependants of the Deceased, 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 the Article 8 rights of the Claimant and dependants of the Deceased to respect for private and family life, and the Article 10 right to freedom of expression, and /or pursuant to CPR Rule 39.2(4) and section 6 of the Human Rights Act 1998, CPR section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D

WHEREAS 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.

IT IS ORDERED BY CONSENT that:

  1. The identity of the parties to these proceedings is protected and shall not be published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 parties, the Claimant, the Deceased or the Deceased’s dependants, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant, the First Defendant, Deceased or dependants of the Deceased in these proceedings. The Claimant, the First Defendant, the Deceased and the dependants of the Deceased 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 “DIJ”
    (ii) The Deceased shall be referred to as “ANR”
    (iii) The First Defendant shall be referred to as “MAT”
    (iv) The Deceased’s dependent son shall be referred to as “TOW”
    (v) The Deceased’s dependent daughter shall be referred to as “ISW”
    (vi) The Deceased’s dependant mother shall be referred to as “SNR”
    (vii) The Deceased’s dependent mother-in-law shall be referred to as “JAW”
    (viii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the First Defendant, the Deceased or the dependants of the Deceased (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 (vii) 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 solicitors
  5. 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 27 February 2023
  6. A non-party may not inspect or obtain a copy of any document from the court file (other than this Order duly anonymised as directed) without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 30 January 2023 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”
  7. 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, and that 7 days’ prior notice of the intention to make such an application is given
  8. 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
  9. The costs of obtaining this order be costs in the assessment

Dated this 30th January 2023