GR -v- David Hunter (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2022-MAN-000233

In the High Court of Justice
King’s Bench Division

30 March 2023

Before:
Judge Sephton

Between:
GR (A Protected Party Proceeding By Her Mother And Litigation Friend, CO)
-v-
David Hunter

Anonymity Order

BEFORE His Honour Judge Sephton KC sitting as a judge of the High Court, in the High Court of Justice in Manchester on 30th March 2023.

UPON Hearing Mr Richard Hartley KC, Leading Counsel for the Claimant, and Mr Tim Horlock KC, Leading Counsel for the Defendant.

AND WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for personal injuries suffered by her on 5th September 2019 and in respect of which proceedings have been commenced by the Claimant against the Defendant in the High Court of Justice, King’s Bench Division, Manchester District Registry.

AND WHEREAS the Claimant is a protected party who brings the claim by her Litigation Friend.

AND UPON READING the Opinion of Mr Richard Hartley KC dated 24th March 2023.

AND UPON the Court approving the agreed terms of settlement under CPR Part 21.

AND UPON the Court being satisfied pursuant to CPR Part 41 that a lump sum award is the most appropriate form of award.

AND WHEREAS
1) The Claimant is a protected party; and
2) The Court being satisfied that an Order in the terms of paragraph 1 and 2 is required to protect the interests of the Claimant and his family and there is no countervailing proposition having been submitted in relation to this part of the Order.

IT IS ORDERED THAT:

  1. Pursuant to CPR Rule 39.2(4) there shall be no publication of any material leading to the identification of the Claimant or his family and publication of any of the following is prohibited:
    a. The name and/or address of the Claimant; and
    b. The name and/or address of the Claimant’s Litigation Friend.
  2. The Claimant and the Claimant’s Litigation Friend shall hereinafter be referred to in these proceedings as GR and CO respectively and the heading of all documents and Orders in the claim shall be amended accordingly forthwith.
  3. Pursuant to CPR Rule 5.4(c) a person who is not a party to these proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if anonymised such that:
    a. The Claimant is referred to only as GR and the Claimant’s Litigation Friend is referred to only as CO;
    b. That the address of each is deleted from those documents as necessary.
  4. Nothing in paragraphs 1 and 2 shall prohibit the Defendant or the Defendant’s insurer from disclosing the Claimant’s name and address to their re-insurers, their legal and professional advisers or to HM Revenue & Customers (or its successor) or any other person required by law.
  5. There be Judgment for the Claimant against the Defendant in the gross sum of £550,000.00 [five hundred and fifty thousand pounds] to be satisfied as set out below.
  6. The Defendants will pay the sum of £39,534.14 due to the Compensation Recovery Unit under the Social Security (Recovery of Benefits) Act 1997 and credit shall be given for such payment against the said sum of £550,000.00.
  7. The Defendant shall pay the balance of £510,465.86 to the Claimant by 21st April 2023 by way of payment to the Claimant’s solicitors.
  8. The Defendant shall pay the Claimant’s costs of the claim to be the subject of detailed assessment on the standard basis, in default of agreement.
  9. The Defendant shall pay the sum of £100,000.00 on account of costs to the Claimant’s solicitors by 21st April 2023.
  10. Upon payment of the aforementioned sums the Defendant shall be discharged from any further liability to the Claimant arising out of the accident on 5th September 2019.