EXE and another -v- City of Bradford MDC (anonymity order)

County CourtAnonymity Order

Claim number: G00LS529

In the County Court at Bradford

27 September 2023

Before:

District Judge Foster

Between:

EXE (By L/F The Official Solicitor)

FXF (By L/F The Official Solicitor)

-v-

City of Bradford MDC

Order

Before District Judge Foster sitting at the County Court at Bradford, Civil And Family Centre, Exchange Square, Drake Street, Bradford, BDl IJA on 11 September 2023.
WHEREAS the Claimants have made a claim (“the Claim”) against the Defendant for personal injuries suffered by them arising out of the Defendant’s alleged negligence and in respect of which proceedings were commenced by the Claimants against the Defendant in the Leeds County Court on 12 March 2020.
AND WHEREAS the First Claimant on her own behalf and the Second Claimant by his Litigation Friend, The Official Solicitor bring the Claim.
AND UPON the Claimant’s application for anonymity.
AND UPON Consideration of the Claimant’s Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.·
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
IT IS ORDERED THAT:

  1. The identity of the Claimants in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2( 4), there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimants.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:

i. The First Claimant, shall be referred to as “EXE”
ii. The Second Claimant, shall be referred to as “FXF”
iii. 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(i) to (ii) above.
i.. If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(IB) 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.

  1. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 28 days after the date of the Order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  2. The Court file shall be clearly marked with the words .. An anonymity order was made in this case on [ date of this Order J 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  3. 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, and that 7 days’ prior notice of the intention to make such an application is given.
  4. The costs of obtaining this order be costs in the case.
  5. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed pursuant to CPR 3.3(5). A party wishing to make an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within 7 days of service of this order.