DJL -v- Mr Abid Mehmood and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No. QB-2022-002532

In the High Court of Justice
King’s Bench Division

6 March 2023

Before:

Master Sullivan

Between:

DJL (By Her Father And Litigation Friend, VBN) Claimant

-v-

Mr Abid Mehmood,

IQUW Syndicate Management Limited


Order

BEFORE MASTER SULLIVAN sitting in the Royal Courts of Justice, the Strand, London, WC2A 2LL at a hearing held remotely by Teams on 6 March 2023
UPON HEARING Mr Nathan Tavares, one of His Majesty’s Counsel on behalf of the Claimant and Mr Peter Burns, one of His Majesty’s Counsel on behalf of the Defendants
AND UPON reading the Approval Advice of Mr Tavares KC dated 15th February 2023
WHEREAS the Claimant has made a claim against the Defendants for damages for personal injury suffered by her arising out of a road traffic accident which occurred on 24 July 2021
AND WHEREAS it is the Claimant’s case that she is a protected party within the meaning of CPR 21.1 and brings this claim by her Litigation Friend, VBN
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 identity of the Claimant and her Litigation Friend is necessary to secure the proper administration of justice and 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 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 DJL 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:
    a. The Claimant shall be referred to as “DJL”.
    b. The Litigation Friend shall be referred to as “VBN”.
    c. 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(a) to (c) 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 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 4 April 2023 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6 March 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 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  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 case.