DW -v- GPMW (anonymity order)
Claim No: QB-2021-001903
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 16/03/2022
Before:
Master Gidden
Between:
DW (A Protected Party Proceeding By His Litigation
Friend CR)
– v-
GPMW
ORDER
BEFORE Master Gidden sitting remotely at the Royal Courts of Justice,
Strand, London, WC2A, 2LL.
UPON hearing Counsel for the Claimant and the Defendant solicitor
WHEREAS the Claimant is a protected party who brings this litigation by his
litigation friend and has applied for approval of a settlement of his claim
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 the 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 11
of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil
Procedure Rules.
IT IS ORDERED THAT:
1. The proceedings shall be anonymized as follows:-
(a) Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be
substituted for all purposes of this case the following:
(i) In place of reference to the Claimant references to him will be DW
(a protected party proceeding by CR)
(ii) In place of reference to the litigation friend references to her will
be CR
(iii) and in place of reference to the Defendant references to it will be
GPMW.
(b) The address of the Claimant, the Litigation Friend and the Defendant
shall 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 or Defendant’s solicitors as appropriate.
(c) 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 permission of the Court. Any application for such permission
should be made on notice to the Claimant and in accordance with
CPR 5.4C(6).
(d) A non-party may not obtain a copy statement of case or documents
from the Court file unless it has been anonymised in accordance
with this Direction and there has been redacted any information
which might identify the Claimant or his immediate family.
(e) There shall be no publication or disclosure of any name, address,
image or information tending to identify the Claimant, the Litigation
Friend or, his immediate family. There shall be no publication or
other disclosure of the address of the Defendant.
(f) In so far as necessary, any statement of case or other document
disclosing the names or addresses of those people referred to in
paragraph 1 of this Order already filed in the proceedings is to be
replaced by a document describing such name or address in
anonymised form as above.
(g) The original of any such document disclosing the name or
address of those referred to in paragraph 1 of this Order is to be
placed on the Court file in a sealed envelope marked “not to be
opened without the permission of a Judge, Master or District
Judge of the Queen’s Bench Division”. Any electronic file shall be
marked “Confidential – not to be opened without the permission of
a Judge, Master, or District Judge of the Queen’s Bench
Division”.
2. The provisions of this Order shall not apply:
(a) 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;
(b) 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
(c) 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.
3. The provisions of this order shall not prohibit the Defendant, his insurers,
or its successors in title from disclosing the Claimant’s name, address, or
any other information tending to identify him to their legal and
professional advisers or to the Defendant’s reinsurers or to HM Revenue
& Customs (or its successor) or the Compensation recovery Unit.
4. Any party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.
5. A copy of this order shall be published on the Judicial Website of the
High Court of Justice specifying that the Claimant shall be referred to
as DW, his litigation friend as CR and the Defendant as GPMW.