FGH and KJL (interested party) -v- Axa Insurance UK PLC (anonymity order)
Claim Number: QB-2014-002731
In the High Court of Justice
King’s Bench Division
23 January 2023
Before:
His Honour Deputy High Court Judge Healy-Pratt
Between:
FGH
(a Protected Party, Suing by Her Litigation Friend, KJL)
-v-
Axa Insurance UK PLC
(Trading as Axa Insurance)
Anonymity Order
BEFORE His Honour Deputy High Court Judge Healy-Pratt sitting in the Royal Courts of Justice, Strand, London on the 23rd day of January 2023
AND UPON hearing Harry Trusted on behalf of the claimant, Darryl Allen, one of His Majesty’s Counsel on behalf of the defendant
AND UPON it appearing that the case is likely to attract publicity and that revealing the identity of the claimant is likely to unfairly damage the interests of the claimant and that accordingly publication of details revealing the claimant’s identity ought to be prohibited.
IT IS ORDERED that:
- Pursuant to Section 6 of the Human Rights Act 1988 and CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the claimant or any details leading to the identification of the claimant or her litigation friend and the claimant and her litigation friend if referred to shall only be referred to as “FGH” and “JKL”.
- Pursuant to CPR Rule 5.4B – 5.4D a party who is not a party to the proceedings may inspect and/or obtain a copy of the statement of case judgment or order from the court record only if the statement of case, judgment or order has been anonymised such that:
a. The claimant and her litigation friend are referred to in those documents as “FGH” and “JKL”; and
b. The address of the claimant and her litigation friend have been deleted from those documents.
- If a party who is not a party to the proceedings (pursuant to CPR Rule 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 seven days’ notice to the claimant’s deputy
- The court file shall clearly be marked with the words “An anonymity order was made in this case on 23 January 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.”
- 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 if made on notice to the claimant’s deputy and that seven days’ prior notice of the intention to make such application is given.
- Pursuant to the Master of the Rolls Practice Guidance: Publication of Privacy & Anonymity Orders dated 16 April 2019 a copy of this order is to be sent via email to the Judicial Office by a court officer at judicialwebupdates@judiciary.co.uk.
- Costs in the case.
Dated this 23rd day of January 2023
EXPLANATORY NOTE
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.