DSF and BAE (interested party) -v- Goold and another (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2022-002354
In The High Court Of Justice
King’s Bench Division
24 February 2023
DSF (a child who proceeds by his Litigation Friend, BAE)
(1) Tyler Goold
(2) UK Insurance Limited
UPON considering the Defendants’ application notice dated 24th November 2022
AND UPON the parties being in agreement that the anonymity order dated 16th August 2022 be varied to read as set out herein
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 (subject to the exceptions set out in the order) is necessary in order to protect the interests of the Claimant pursuant to rule 39.2(3)(d) of the Civil Procedure Rules.
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 by consent:-
- That the order dated 16th August 2022 be set aside.
- That the identity of the Claimant and of the Litigation Friend be not disclosed to any third person save for the purposes of the parties gathering documentary and witness evidence, the instruction of experts and the parties and their legal advisors complying with their professional and legal obligations in connection with the claim.
- That the Claimant and the Litigation Friend be henceforth described in all statements of case, Judgement or Order and other document (but for the avoidance of doubt not including experts reports served and/or filed in the proceedings, medical records, school records, case management records and other similar documentation obtained through the disclosure process) in the proceedings and in any report of the proceedings by the press or otherwise as “DSF” [and “BAE”] (or in other anonymized form as ordered).
- That the address of the Claimant and of the Litigation Friend be stated in all statements of case and other court documents in the proceedings as the address of the Claimant’s solicitors.
- 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, and the Court will effect service. The file is to be retained by the Court and marked “Anonymized”.
- The Claimant has permission to amend the Part 7 Claim Form giving the address of his Solicitors in place of his residential address and including the anonymized form. A copy of the Claim Form with the Claimant’s full name and address is to be placed on file in a sealed envelope marked “Not to be opened without the permission of a Judge of the Queen’s Bench Division”.
- 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 any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
- Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations for the purposes of these proceedings and paragraphs 2 to 5 and 7 shall not apply in those respects.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- There be no order as to costs of and incidental to this application.
Dated: 24th February 2023