FGH -v- XS Direct Ltd and others (anonymity order)
Claim No. QB-2016-005895
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
26 April 2021
The Hon Mr Justice Murray
FGH (A Child by his Mother & Litigation Friend, IJK)
(1) XS Direct Ltd
(2) Pinnacle Insurance Plc
(3) Calpe Insurance Company Ltd
UPON hearing Leading Counsel and Junior Counsel for the Claimant and Leading Counsel for the Defendants
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
AND UPON it appearing to the Court that non-disclosure of the identities of the Claimant and the litigation friend is necessary in order to protect the interests of the Claimant and that there is no sufficient public interest in disclosure
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED that:
1. The identities of the Claimant, of the litigation friend and of the Claimant’s father must not be disclosed in these proceedings.
2. There be substituted for all purposes of this case (save for the master documents held on the Court file) in place of references to the Claimant, his litigation friend, and his 20335215-1 father by name, and whether orally, or in writing, and in any report of the proceedings by the press, references to the letters FGH, IJK, and LMN, respectively. The file is to be retained by the Court and marked ‘Anonymised’.
3. A non-party may not obtain a copy or other document from the Court file without the permission of a Master. Any application for such an order must be made on notice to the Claimant’s litigation friend.
4. A non-party may not obtain any copy document from the Court file in accordance with paragraph 3 above unless it has been anonymised in accordance with paragraph 2 of this order.
5. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant, his litigation friend or his father by name the parties be at liberty to retain their files in this case without alteration or substitution to retain and generate internal documentation which identifies the Claimant, the litigation friend and the Claimant’s father for the purposes of the litigation.
6. Reporting restrictions apply. The publication of the name and address of the Claimant, his litigation friend or his father or of any other information tending to identify the Claimant, his litigation friend or his father in relation to these proceedings is prohibited.
7. Nothing in paragraphs 1 to 6 above shall prohibit the Defendants from disclosing the Claimant’s name, address or any other information tending to identify him to their reinsurers, their legal and professional advisers, an annuity provider pursuant to paragraph 4 of the Consent Order made by the Court on 26/4/2021 or to HM Revenue & Customs (or its successor) or any other person required by law. Likewise the Professional Trustee of the Claimant shall be permitted to disclose his name or address as may be necessary to fulfil her or his professional duties and functions.
8. Any non-party affected by the Order may apply on notice to all parties to have this Order set aside or varied.