DLE -v- DXE and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-003144

In The High Court Of Justice
King’s Bench Division

12 May 2023

Before:
Master Eastman

Between:
DLE
-v-
(1) DXE
(2) Direct Line Insurance Plc

Anonymity Order

UPON HEARING leading counsel for the Claimant and leading counsel for the Defendants by MS Teams in accordance with the remote hearings protocol

AND WHEREAS pursuant to CPR r39.2 (4) the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and necessary to secure the proper administration of justice and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to Section 11 of the Contempt of Court Act 1981, Section 6 and Article 8 of Schedule 1 to the Human Rights Act 1998 and CPR Rules 5.4C and 5.4D and Rule 39.2 that:-

  1. There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant or the First Defendant in this action.
  2. There be substituted for all purposes of this case, in place of reference to the Claimant by name, whether orally or in writing, references to the letters “DLE”.
  3. There be substituted for all purposes of this case, in place of reference to the First Defendant by name, whether orally or in writing, references to the letters “DXE”.
  4. To the extent necessary to protect the Claimant’s and/or the First Defendant’s identities, any other reference, whether to persons or places or otherwise, to be adjusted appropriately, with permission to the Claimant to apply in default or agreement as to the manner of such adjustments.
  5. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “Not to be opened without permission of a Judge or Master of the King’s Bench Division” and any electronic version is not to be accessed without permission of a Judge or Master of the King’s Bench Division.
  6. A non-party may not without permission of a Master obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction. 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. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the First Defendant.
  8. Save that, in so far as this part of the Order applies to the First Defendant, it does not prohibit disclosure by the Defendants of the Claimant’s or the First Defendant’s names and addresses or any other information tending to identify them to their insurers, reinsurers, their legal and professional advisors including the Compensation Recovery Unit or any person required by law.
  9. The Claimant has permission to amend the claim form giving the address of their solicitors in place of their residential address. A sealed letter with the Claimant’s full name and address is to be placed or entered on the file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  10. A copy of this order is to be published on the website of the Judiciary of England and Wales in accordance with CPR Rule 39.2(5).
  11. Any non- party affected by this Order may apply on notice to set aside or vary this Order.