GDA and LMB (interested party) -v- Kepals and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2020-002057

In the High Court of Justice
King’s Bench Division

16 January 2023

Before:
Matthew Butt KC

Between:
G.D.A. (a protected party by their litigation friend L.M.B.)
-v-
(1) Mr Arturs Kepals
(2) Uk Insurance Limited (01179980)

Anonymity Order

BEFORE Matthew Butt KC, sitting as a Deputy Judge of the High Court on 16 January 2023

UPON HEARING Nathan Tavares, one of His Majesty’s Counsel on behalf of the Claimant and Nigel Lewers of Counsel on behalf of the Defendants

AND UPON Reading the confidential Approval Advice prepared by Mr Tavares dated 21 December 2022

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 is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED:-

  1. That the identity of the Claimant shall not be disclosed.
  2. That the Claimant and their litigation friend shall be described in all statements of case and other documents to be 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 “G.D.A.”, and “L.M.B.” respectively.
  3. That in so far as necessary, any statement of case or other document disclosing the Claimant’s or the litigation friend’s name or address, already filed in the proceedings be replaced by a document describing such name in anonymised form as above, and the addresses removed.
  4. That the original of any such document disclosing the name or address of the Claimant or the litigation friend is to be placed on the Court file marked “Confidential not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  5. That 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, c/o Messrs Stewarts Solicitors, 9 Bond Court, Leeds, LS1 2JZ, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
  7. The provisions of this Order shall not apply to:-

(i) Communications between the Court Funds Office, Court of Protection or the Claimant’s Deputy or Trustee and the anonymised party or litigation friend 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, Court of Protection, the Deputy and/or the anonymised party or litigation friend and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, Court of Protection, the Deputy or the anonymised party or litigation friend or 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 purpose of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendants, 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.

  1. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  2. A copy of this Order be published on the website of the Judiciary of England and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity Orders” naming the Claimant G.D.A and their litigation friend L.M.B.

Dated this 16th January 2023