GLT -v- Mr Sashon Richards-Brown and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-BHM-000189

In the High Court of Justice
King’s Bench Division
Birmingham District Registry

20 January 2025

Before:

The Honourable Mr Justice Ritchie

Between:

GLT (A Protected Party by a Litigation Friend PRX)

-v-

Mr Sashon Richards-Brown

Aviva Plc

Order

BEFORE the Honourable Mr Justice Ritchie sitting in Birmingham District Registry at the Birmingham Civil Justice Centre on 20.1.2025.

AND UPON reading the application for anonymity made by the Claimant dated 13.1.2025 and the witness statement in support of the same date by the Claimant’s solicitor.

AND UPON the Claimant having advanced a claim for damages for personal injury against the Defendants.

AND UPON the parties having agreed terms of settlement of the personal injury claim subject to the court’s approval.

AND UPON the Claimant being a protected beneficiary for whom the Court of Protection has appointed a deputy to manage the Claimant’s financial affairs.

AND UPON:
(1) Consideration of the ECHR Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) Consideration of section 11 of the Contempt of Court Act 1981 and CPR rules 5.4 and 39.2 and the Court’s inherent jurisdiction.
(3) Consideration of the decisions in PMC v A Local Health Board [2024] EWHC 2969 (KB) and JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ.96.
(4) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(5) The Defendants indicating there are no objections to the Claimant’s application for anonymity and there being no representations from the press or any other interested party.
(6) The Court accepting the Claimant’s evidence that there have been no requests for copies of the documents filed to date at Court by members of the public or the press and there have been no press reports of the claim to date.

AND WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this order includes any further publication (as defined in subparagraph (1) above) from the date of this order, even if such information has derived from a previous stage or stages of these proceedings.

NOW IT IS ORDERED THAT

  1. The identity of the Claimant as a party to these proceedings shall not be published and shall be replaced by a cipher in hearings in open court and documents.
  2. There shall be no disclosure in any report of these proceedings or other publication of the name or address of the Claimant or litigation friend or other immediate family members or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Claimant shall be referred to as “GLT”.
    b. The litigation friend shall be referred to as “PRX”.
    c. Any other details which, on their own or together with other information publicly available may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    a. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(a) to (c) above.
    b. If a person who is not a party to the proceedings applies 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 paper and electronic files shall be clearly marked with the words “An anonymity order was made in this case on 20 January 2025 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 interested party, whether or not a party to the proceedings, may apply to the court to vary or discharge this order, provided that any such application is made on 7 days’ notice to the claimant’s solicitor or deputy.
  7. The costs of this application shall be costs in the case.

NOTE
Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk