EH and another -v- Stagecoach (North West) Limited (anonymity order)

County CourtAnonymity Order

Claim Number: G22YJ257

In the Manchester County Court

25 January 2023

Before:
His Honour Judge Sephton KC

Between:
(1) EH
(a child who proceeds by her Mother
and Litigation Friend, BH)
(2) BH
-v-
Stagecoach (North West) Limited


Anonymity Order

BEFORE His Honour Judge Sephton KC, sitting as a judge of the High Court at the Manchester Civil Justice Centre on the 25th January 2023.

UPON HEARING Counsel for the Claimant and Counsel for the Defendant;

AND UPON consideration of the First 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 Claimants is necessary in order to protect the interests of the First 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 First and Second Claimants and of the Litigation Friend (hereinafter referred to collectively as ‘the Claimants’) be not disclosed.
  2. That the Claimants 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 “EH” & “BH”.
  3. That the address of the Claimants 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 anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or Litigation Friend. The publication of the name and address of the Claimants or any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
  6. 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 institutions in relation to such money.

  1. Provided that the parties and/or their advisors and/or any Deputy appointed for EH 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.
  2. That the Claimant do by 1st February 2023 draw and file this Order and serve the same on the Defendant.
  3. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
  4. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated this 25th day of January 2023