DSF -v- Goold & Ors (anonymity order)
Claim No.: QB-2022-002354
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 16/08/2022
Before:
Master Thornett (sitting as vacation Master)
Between:
DSF (a child who proceeds by his Litigation Friend,
BAE)
-v-
(1) Tyler Goold
(2) UK Insurance Limited
ORDER
UPON CONSIDERING THE CLAIMANT’S APPLICATION NOTICE AND ACCOMPANYING
DOCUMENTS.
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 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:-
1. That the identity of the Claimant and of the Litigation Friend be not disclosed.
2. 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).
3. 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.
4. 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”.
5. 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”.
6. 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.
7. The provisions of this Order shall not apply: –
i) 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 of such money;
ii) to communications between the Court Funds Office and/or the
anonymized 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 or the anonymized party
or Litigation Friend or any such financial institutions in relation to
such money.
8. 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 under the main settlement order and paragraphs 1 to 4 and 6
shall not apply in those respects.
9. That the Defendants may apply under rule 23.10 to have this Order set
aside or varied.
10. That any non-party affected by this Order may apply on notice to all parties
to have this Order set aside or varied