GD -v- Mohammed Numan Uddin & Aviva PLC (anonymity order published under CPR 39.2(5)
In the High Court of Justice
Queen’s Bench Division
Judge Gore QC
GD (A protected party suing by his sister and next friend GS)
Mr Mohammed Numan Uddin
BEFORE His Honour Judge Gore QC sitting as a deputy High Court Judge on 9 July 2019.
AND UPON HEARING Leading Counsel for the Claimant and Leading Counsel for the Second Defendant.
AND UPON READING an application notice by the Claimant dated 3 June 2019.
AND UPON READING the documents contained in the Court Bundles for the Approval Hearing and the Confidential Advice from Counsel for the Claimant dated 24 June 2019.
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 that non-disclosure of the identity of the Claimant and his litigation friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rules 39.2(4), 5.4C and 5.4D of the Civil Procedure Rules and section II of the Contempt of Court Act 1981.
NOW IT IS ORDERED THAT:
- 1. The identity of the Claimant and of the Claimant’s litigation friend shall not be disclosed.
- The Claimant and the litigation friend be described in all statements of case and other documents filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “GD” and “GS”.
- The Court file shall be marked “Anonymised”.
- The original of any document disclosing the name or address of the Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
- A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, at the Claimant’s solicitors address and the Court will effect service.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
- The Claimant shall by 16 July 2019 draw and file this Order and serve the same on the 2nd Defendant.
- There be liberty to any interested person to apply on seven days notice to the parties to set aside or vary any terms of this order.
Dated this 9th day of July 2019