Claim No.: QB-2018-000766
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
D.K.G. (BY THEIR LITIGATION FRIEND, F.R.M.)
(1) Roy Gallagher
(2) EUI Limited (t/a Admiral
BEFORE MASTER EASTMAN
AND UPON HEARING Mr Nathan Tavares, one of Her Majesty’s Counsel, on
behalf of the Claimant and Mr Peter Burns, one of Her Majesty’s Counsel, on behalf of
AND UPON Reading the Approval Advice prepared by Mr Tavares dated 6th July
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:-
1. That the identity of the Claimant and of the litigation friend be not disclosed.
2. That 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 “D.K.G.” and “F.R.M.”.
3. That the address of the Claimant and of the 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 Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing
the Claimant’s name or address 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. That the original of any such document disclosing the name or address of the
Claimant or of the litigation friend is to be placed on the Court file marked
“Confidential 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 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 the Court will effect service. The
file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the Claimant or litigation friend.
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 is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office, Court of
Protection or the Claimant’s professional Deputy and the
anonymised party or Litigation Friend in relation to the payment of
money into the Court Funds Office or to the Deputy for the benefit
of the anonymised party or the investment or treatment of payment
out of such money;
(ii) to communications between the Court Funds Office, Court of
Protection, the Deputy and/or the anonymised party or Litigation
Friend and any financial institution concerned as to the receipt or
investment of such money; or
(iii) to records kept by the Court Funds Office, Court of Protection, the
Deputy or the anonymised party or Litigation Friend or any such
financial institution in relation to such money.
(iv) to communications between the defendant solicitors/Insurer and the
Court Funds Office, Court of Protection or the Deputy concerned
with administrating, managing the account and transferring the
(v) to communications between the Department for Work and Pensions
and the defendant solicitors/Insurer concerned with administrating
and discharging the outstanding recoverable benefits and NHS
(vi) to communications between the First Defendant, the First
Defendant’s Insurer, their legal and professional advisers, their
reinsurers, an annuity provider pursuant to paragraph 6 of the
Consent Order made on 12th July 2022, HM Revenue & Customs
(or its successor) or any other person required by law.
9. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10. A copy of this Order be published on the website of the Judiciary of England
and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication
of Privacy and Anonymity Orders” naming the Claimant and litigation friend
as D.K.G. and F.R.M. respectively.