DJW -v- First South Yorkshire Limited (anonymity order)
Claim No.: QB-2021-003696
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 17/06/2022
Before:
Master Gidden
BETWEEN:
DJW (a protected party proceeding by his litigation
friend JCS)
-v-
First South Yorkshire Limited
ORDER
BEFORE Master Gidden, sitting remotely (via MS Teams link) on 17 June 2022.
UPON HEARING from Mr Adam Korn for the Claimant and Mr Robert O’Leary for the
Defendant
AND UPON consideration of the Claimants’ 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 and the
Litigation Friend is necessary 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
AND BY CONSENT
IT IS ORDERED THAT:-
1. The identity of the Claimant and the Litigation Friend is not to be disclosed.
2. The Claimant and the Litigation Friend be described in all statements of case and
other 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:
a. DJW for the Claimant;
b. JCS for the Litigation Friend.
3. That the address of the Claimant and Litigation Friend be stated in all statements of
case and other documents to be filed or served in the proceedings as the address of
the Claimants’ solicitors.
4. That, insofar as necessary, any statement of case or other document disclosing the
Claimant and the Litigation Friend’s names and addresses already filed in the
proceedings be replaced by a document describing such name or address in
anonymized form as above.
5. That the original of any such document disclosing the name or address of Claimant
and the Litigation Friend 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. That a non-party may not inspect or obtain a copy of any document on or from the
Court file (other than this order duly anonymized as directed) without the permission
of a Master or District Judge. Any application for such permission must be made on
notice to the Claimant or Defendant and the Court will effect service. The file is to be
retained by the Court and marked ‘Anonymised’.
7. That reporting restrictions apply a to the disclosing of any information that may lead
to the subsequent identification of the Claimant and the Litigation Friend. The
publication of the name and address of the Claimant or any member of the Claimant’s
immediate family is prohibited.
8. The provisions of this Order shall not apply: –
a. To communications between the Court Funds Office and the anonymized
party or Litigation Friend in relation to the payment of money into the Court
Funds Office for the benefit of the anonymized party or the investment or
treatment of payment out o such money.
b. To communications between the Court Funds Office and/or the anonymized
party of Litigation Friend and any financial instruction concerned as to the
receipt of investment of such money; or
c. To records kept by the Court Funds Office or the anonymised party of
Litigation Friend or any such financial institution in relation to such money.
9. That the Claimant do by 20 June 2022 draw and file this Order and serve the same on
the Defendant.
10. That any non-arty affected by this Order may apply on notice to all parties to have
this Order set aside or varied.