EHS -v- Millard (anonymity order)
Case Number: J01PE461
In the County Court at
Peterborough
3 May 2023
Before:
Deputy District Judge Lewis
Between:
EHS L/F MS
-v-
Mr James Lee Millard
Anonymity Order
Before Deputy District Judge Lewis sitting at the County Court at Peterborough, Crown Building, Rivergate, Peterborough, PE1 I EJ.
UPON HEARING Mr. Jonathan Grace of Counsel for the Claimant and Mr. James Pickering of Counsel for the Defendant by remote means (CVP)
WHEREAS the Claimant (a child proceeding by her Litigation Friend ) has brought proceedings against the Defendant seeking damages for personal injuries and consequential losses arising out of a road traffic accident which occurred on 12 February 2017, and in respect of which the Defendant has admitted liability and a compromise between the parties has been reached subject to the approval of the Court#]
And Whereas the claimant is a child and brings this claim by her litigation Friend.
AND UPON consideration of the Claimant’s article 8 right to respect for private and family life and the article IO 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 UPON the Defendant indicating his neutrality to the making of the Order and there being no representations from the press or any other Interested Party
AND PURSUANT to Rule 39.2(4) and 39.2(5) 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 and no countervailing public interest In disclosure having been identified in relation to this part of the
Order
IT IS ORDERED THAT
I) Pursuant to CPR Rule 39.2(4) there should be no publication of any material leading to the identification of the Claimant or her family and publication of any of the following is prohibited:
a. The name and/or address of the Claimant;
b. The name and/or address of the Claimant’s Litigation Friend;
2) 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 Litigation Friend is prohibited.
3) The Claimant and her Litigation Friend shall hereinafter be referred to in these proceedings as “EHS” and “MS” respectively and the heading of all documents and Orders in the clam (save for the existing master documents held on the Court File) shall in future be amended accordingly.
4) The address of the Claimant and her Litigation Friend shall be stated in future in any documents to be filed or served at Court as the address of the claimant’s Solicitors.
5) If and insofar as necessary, any Statement of Case or other document disclosing the Claimant’s
name or address or that of her Litigation Friend already filed in the proceedings shall be replaced by a document describing said name or address In anonymised form as above and any document that is produced from the Court File shall be anonymised as above.
6) A non-party may not Inspect or obtain a copy of any document on or from the Court File (other than as duly anonymised as directed above) without the permission of a District Judge. Any Application for such permission must be made on notice to the Claimant and her Litigation Friend and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7) Nothing in the two foregoing paragraphs shall prohibit the Defendant or his motor insurer or solicitors from disclosing the Claimant’s name and address to re-insurers, their legal and professional advisers or HMRC or any other person or body required by law.
8) Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9) A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the claimant shall be described as “EHS” and the Litigation Friend as “MS”.
10) Provided that the parties and/or their advisers do not publish any documents containing references to those mentioned in paragraph 3 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 persons for the purposes of their continuing professional rights and obligations under the
main settlement Order and paragraphs 3 and 5 shall not apply in those respects.
11) The provisions of this Order shall not apply to:
a. Communications between the Claimant’s Solicitors/Court Funds Office and the anonymised parties and the Defendant’s Solicitors in relation to payments or
Investments of monies for the benefit of the Claimant;
b. Communications between the Claimant’s Solicitors/Court Funds Office and the anonymised parties and any financial institution concerned as to the receipt or
Investment of such monies;
c. Records kept by the Court Funds Office or by the anonymised parties or by any financial institution as above in relation to such money;
d. Communications between the Defendant’s Solicitors and the Claimant’s Solicitors In relation to the payment of money for the benefit of the Claimant.
Dated 24 April 2023