Claim Number: KB-2023-002678
In The High Court Of Justice
King’s Bench Division
19 June 2023
ESF (a Child By DSF As Litigation Friend)
Local World Limited
UPON APPLICATION by the Claimant by Application Notice dated 01/06/2023 seeking the anonymisation of the Claimant and associated derogations from open justice (“the Application”)
AND UPON the Defendant consenting to paragraphs 1 and 2 of this Order upon being notified of the Application
AND WHEREAS pursuant to CPR 39.2(4) the Court is satisfied that non-disclosure of the identity of the Clamant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant
WITHOUT A HEARING IT IS ORDERED AND DIRECTED:
- Pursuant to CPR r. 39.2(4), the name and address of the Claimant are to be withheld from the public and are not to be disclosed, and there be substituted for all purposes in these proceedings in place of references by name to the Claimant and their Litigation Friend, and whether orally or in writing, references to “ESF” and “DSF” respectively.
- Pursuant to s.11 of the Contempt of Court Act 1981, there shall be no publication in any report of, or otherwise in connection with, these proceedings, of the identity of the Claimant, or of any matter likely to lead to their identification in connection with these proceedings (including but not limited to the name of the Claimant’s father and/or the manner in which he died) .
- The Claimant is permitted to issue these proceedings naming the Claimant as “ESF” and their Litigation Friend as “DSF” and giving an address c/o the Claimant’s solicitors.
- A copy of the Claim Form with the Claimant’s full name and address is to be placed on the court file marked: “Confidential: not to be opened without the permission of a Master or High Court Judge”.
- Pursuant to CPR 5.4C(4)(c) a non-party may only obtain from the Court records a copy of a statement of case, judgment or order in these proceedings if it has been edited in accordance with the directions in paragraph 1.
- Pursuant to CPR 5.4C(2) and (4)(d) any application by a non-party for permission to obtain any other document filed by a party from the Court records must be made by issuing an Application Notice seeking such permission on at least 7 days’ notice to the parties.
- The costs of the Application are costs in the case.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019, a copy of this Order shall be published on the website of the judiciary of England and Wales. In that order the Claimant shall be referred to as “ESF” and the Litigation Friend “DSF”.
The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.