DT -v- Vargas (anonymity)
Claim No. QB-2020-002072
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
14 October 2020
Before:
Master Thornett
Between:
DT
-v-
Ricardo Soto Vargas, 3. The Motor Insurers’ Bureau
UPON the Claimant’s Application dated 14 October 2020 [without a hearing, without notice to the First Defendant but on notice to the Second Defendant, the court noting that the Second Defendant does not oppose the Application]
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 be not disclosed.
2. That the Claimant 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 “DT”.
3. That the address of the Claimant 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 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 is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge or Master 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. 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. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office 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 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 or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. Permission is granted to the Claimant to serve the claim form out of the jurisdiction on the First Defendant.
11. Pursuant to CPR rule 6.37(5), the First Defendant may respond to service of the claim form within the following periods:
11.1 The First Defendant must file an acknowledgment of service 22 days after service of the particulars of claim.
11.2 The First Defendant must file or serve an admission 22 days after service of the particulars of claim.
11.3 The First Defendant must file the defence 22 days after service of the particulars of claim, or, where the First Defendant has filed an acknowledgment of service, 36 days after service of the particulars of claim.
15. The Claimant shall comply with CPR rule 23.9(2) by service on the Defendant.
16. The First Defendant may apply under CPR rule 23.10 to have this Order set aside or varied.
17. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.