GOO -v- Jasen Appleby and others (anonymity order)

CivilAnonymity Order

Claim No: M01YX067

Civil National Business Centre

21 June 2024

Before:

Deputy District Judge Willis

Between:

GOO

-v-

Jasen Appleby

Motor Insurer Bureau

Tradex Insurance Holding Limited

……………………………………………………………………………………………………………………………………………………………………………….

ANONYMITY ORDER

……………………………………………………………………………………………………………………………………………………………………………….

It is upon reading the Claimant’s without notice application dated 23rd January 2024 for an anonymity order and for an order that the Claimants name, address and identity should not be disclosed

And upon:

  1. Consideration of Article 3 rights of the Claimant to be protected from inhuman and degrading treatment,
    Article 6 rights of the Claimant to a fair trial, Article 8 rights of the Claimant to respect for private and
    family life;
  2. Consideration of the Article 6 right of the Defendant to a fair trial;
  3. Consideration of the Article 10 rights of others to freedom of expression.
  4. It appearing that non-disclosure of the identity of the Claimant (including to the Defendants or their
    representatives) is necessary in order to protect the interests of the Claimant and that there is no sufficient
    countervailing public interest in disclosure;
  5. It appears that non-disclosure of the identity of the Claimant (including to the Defendants or their
    representatives) is necessary in order to secure the proper administration of justice;
  6. There being no representations from the press or any other interested party.
    And upon a hearing without notice to the Defendant, the Court having considered section 12(2) of the Human Rights Act 1998 and being satisfied that if it applies, there are compelling reasons for notice not being given.
    And pursuant to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules 5.4C, 5.4D and 39.2(4).
    Whereas:
    (1) For the purposes of this order:

    (i) ‘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.
    (ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

    IT IS ORDERED THAT

    1. The following shall not be disclosed (including to the First Defendant’s or his representatives): the Claimant’s name and address.
    2. The Claimant 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 “GOO”.
    3. The address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s Solicitors.
    4. Insofar as necessary, any statement of case of other document (including the Claim Form and the application notice and witness statement to which this order relates) disclosing the Claimant’s name and address already filed in the proceedings be replaced by document(s)describing such name and address in anonymised form as at paragraphs [2 to 4] above. Such replacement documents toi be provided by the Claimant’s Solicitor.
    5. The original of any such document (including the Claim Form, and the application notice and witness
    statement to which this order relates) disclosing the name and address of the Claimant is to be placed on the court file in a sealed envelope marked “not to be opened without permission of a Judge or District Judge of the County Court”.
    6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 25th April 2024 and any application by the Defendant or 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.”
    7. The Court electronic file shall record that an anonymity order has been made in this case.
    8. Pursuant to Civil Procedure Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimant that could lead to the identification of “GOO” as the Claimant in these proceedings. The Claimant’s name and address shall be referred to as set out at paragraphs [2 to 4] of this Order.
    9. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    i. The Claimant’s name and address shall be referred to as set out at paragraphs [3 to 4] of this Order.
    ii. Any other details liable to lead to the identification of the Claimant (including by names of other immediate family members or their addresses) shall be redacted before publication.
    10. Pursuant to Civil Procedure Rules 5.4C and 5.4D:
    i. A pension 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 paragraphs [2 to 4] above.
    ii. 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.
    11. The Claimant do within 21 days of the date of this Order draw and file this Order and upon the Order being sealed shall serve the same as soon as practicable upon the Defendant.
    12. The Claimant shall comply with Civil Procedure Rule 23.9(2) by service of the Defendant a copy of the application notice and witness statement to which this Order relates, all anonymised in accordance with this order, as soon as reasonably practicable.
    13. This order was made at a hearing without notice to the Defendant. The Defendant may apply under Civil Procedure Rule 23.10 to have this order set aside or varied within 7 days after the date on which the Order was served.
    14. Any non-party affected by this Order may apply to the Court to set aside or vary this Order, provided that any such application is made on notice to the Claimant’s Solicitor and that 7 days’ prior notice of the intention to make such an application is given.
    15. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th 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.
    16. The Costs of obtaining this order be costs in the case.
    Because this Order has been made on the application of a party without notice of the hearing being given, any other parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and
    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    then upon the filing of the application the claim will be transferred to the Defendant’s home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.

    Dated 25 April 2024