EUI Limited Trading as Admiral Insurance & Ors -v- Highways England Company Limited (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim No: QB-2022-000475

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 28/02/2022

Before:
Master Gidden

Between:
(1) EUI Limited Trading as Admiral Insurance
(2) A.B.C and X.Y.Z as the administrators of the estate of
B.T.Z (Deceased)
– v-
Highways England Company Limited

ORDER
UPON considering the Claimants’ Application dated 25 February 2022 and the terms of the
Order for anonymity dated 16 February 2022 made in Claim QB-2021-001619 (a copy of
which is appended to this Order).

AND FURTHER UPON:
(1) Consideration of the Article 8 rights of the Second Claimants to respect for private and
family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Second Claimants is necessary in
order to protect their interests and that there is no sufficiently countervailing public
interest in disclosure.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of
Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

IT IS ORDERED THAT : –
1. The identity of the deceased Second Claimant and passenger now identified as A.T.X
pursuant to the above mentioned Order must not be disclosed and there shall be
substituted for all purposes in this case (save for the master documents held on the
court file), in place of references to deceased Second Claimant by name, and whether
orally or in writing, references to the letters B.T.Z and in place of references to the
passenger now identified as A.T.X by name, and whether orally or in writing,
references to the letters A.T.X.
2. The identity of the deceased Second Claimant’s Administrators must not be disclosed
and there shall be substituted for all purposes of this case (save for the master
documents held on the court file), in place of references to the Administrators by
name, and whether orally or in writing, references to the letters, A.B.C and X.Y.Z.
3. The address of the deceased Second Claimant’s Administrators must not be disclosed
and there shall be substituted for all purposes of this case (save for the master
documents held on the court file), in place of references to the Administrator’
address, and whether orally or in writing, the address c/o DAC Beachcroft Claims
Ltd, 25 Walbrook, London EC4N 8AF.
4. No party may obtain a copy of the originally issued Claim Form or Particulars of
Claim from the Court file in accordance with sub-paragraph (a) above unless it has
been anonymised in accordance with sub-paragraphs (a), (b) and (c) of this Order and
there has been redacted any information which might identify the parties now
identified as A.T.X and B.T.Z.
5. There shall be no publication or other disclosure of any name, address or information
tending to identify the deceased Second Claimant or the passenger now identified as
A.T.X.
6. Provided that the provisions of this Order shall not apply to communications between
the Claimants and their respective insurers, reinsurers and legal advisors, or to
communications with the Compensation Recovery Unit, or to communications
between the Claimants/their legal advisors and the Defendant/its legal advisors, the
Defendant and the Defendant’s Insurer and their respective reinsurers and legal
advisors, and communications with any Statutory Authority.
7. Pursuant to CPR 17, the Claim Form and Particulars of Claim issued in claim QB-
2022-000475 be amended in accordance with the attached draft Claim Form and
Particulars of Claim by substituting the names of the parties protected by the order
dated 16 February 2022 made in Claim QB-2021-001619 and in accordance with the
terms of this Order.
8. 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 Judicial Website of the High Court of Justice
(www.judiciary.uk). For that purpose, a court officer will send a copy of the order
by email to the Judicial Office at judicialwebupdates@judiciary.uk.
9. The costs of obtaining this order be costs in the case.
10. Any interested party, whether or not a party to the proceedings, may apply to the
Court to vary or set aside this Order, provided that any such application is made
on notice to all parties