FGH (A protected party by his Litigation Friend IJK) -v- LMN (anonymity order)
Case No: QB-2017-000955
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 03/02/2022
BETWEEN:
FGH
(A protected party by his Litigation Friend IJK)
-v-
LMN
ANONYMITY ORDER
BEFORE Bruce Carr QC Sitting as a Deputy Judge of the High Court at a hearing via MS Teams
UPON hearing Leading Counsel (Ms Elizabeth-Anne Gumbel QC) for the Claimant and Leading Counsel (Mr Andrew Davis QC) for the Defendant
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application for anonymity
AND UPON the Court considering it appropriate to extend this Anonymity Order to the name of the Defendant in the circumstances of this claim
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.
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant who is a protected party and there is no sufficient countervailing public interest in disclosure
PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2
IT IS HEREBY ORDERED THAT:
1. The identities of the Claimant, Litigation Friend and the Defendant in these proceedings are protected and shall not be published.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 Defendant, the Claimant, or the Claimant’s family or any details that could lead to the identification of the Claimant. The Claimant, the Litigation Friend and the Defendant 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:
(1) The Claimant shall be referred to as “FGH”
(2) The Litigation Friend shall be referred to as “IJK”
(3) The Defendant shall be referred to as “LMN”
(4) Any other details liable to lead to the identification of the Defendant, the Litigation Friend and/or 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:
(1) 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 and redacted in accordance with subparagraphs 3(1) to (3) above.
(2) In the event of anonymised or redacted documents being needed to facilitate access to documents from the court records in accordance with paragraph 4(1) of this Order, the Claimant shall cooperate with the Court in the supply of suitably edited documents.
(3) 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 3 February 2022 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.”
6. Any person, 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, after having given them 7 days’ prior notice of the intention to make such an application.
7. The provisions of this Order shall not apply:-
(1) to communications between the Court Funds Office and the Claimant, his Deputy or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the Claimant or the investment or treatment of payment out of such money;
(2) to communications between the Court Funds Office and/or the Claimant, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(3) to records kept by the Court Funds Office or the Claimant, his Deputy or Litigation Friend or any such financial institution in relation to such money;
(4) as required by law or by any court or authority of competent jurisdiction; and/or
(5) as between the parties and their management, legal advisers, insurers, insurance brokers, reinsurers, accountants, auditors and/or other professional advisers.
8. Any person, 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, after having given them 7 days’ prior notice of the intention to make such an application.
9. A copy of this Order shall be published on the Courts and Tribunals Judiciary Website specifying that the Claimant shall be referred to as “FGH”, the Litigation Friend shall be referred to as “IJK” and the Defendant shall be referred to as “LMN”.
10. Costs in the case