ERK -v- Mark Butler (anonymity order)
Claim No. 3BM90077
High Court, Queen’s Bench Division
25 October 2021
Mr Justice Cotter
(A Protected Person by his Mother and Litigation Friend MMK)
UPON hearing Leading Counsel for the Claimant and Leading Counsel for the Defendant
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 to the Court that non-disclosure of the identities of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant
AND PURSUANT to rules 5.4C, 5.4D, and 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981
IT IS ORDERED that:
1. The identities of the Claimant and of the Litigation Friend are protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s Litigation Friend or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “ERK”
b. The Litigation Friend shall be referred to as “MMK”
c. Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with
subparagraphs 3(a) to (c) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 21st October 2021 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
6. Nothing in paragraphs 1 to 5 above shall prohibit the Defendant, his insurers or his insurers’ successors in title and their reinsurers from disclosing the Claimant’s name, address or any other information tending to identify him to each other, their legal and professional advisers, the Compensation Recovery Unit of the Department for Work & Pensions or to HM Revenue & Customs (or its successor) or any other person required by law.
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.