GVP -v- Motor Insurers’ Bureau on behalf of another, and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2022-BHM-000130

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

19 March 2024

Before:
The Honourable Mr Justice Julian Knowles

Between:
GVP
(A Child Proceeding by his Mother and Litigation Friend LFW)
-v-
(1) Motor Insurers’ Bureau on behalf of the Estate of Olive Gilbert Glover Deceased
(2) Motor Insurers’ Bureau

Anonymity Order

BEFORE the Honourable Mr Justice Julian Knowles sitting at the Birmingham District Registry on 19th March 2024.

UPON hearing counsel for the Claimant (appearing in person) and leading counsel for the Second Defendant (appearing remotely by MS Teams) and the First Defendant not appearing or being represented.

AND UPON the application notice dated 15 January 2024:

(1) Consideration of the Article 8 rights of the claimant, his mother and Litigation Friend and his father to respect for private and family life, and the Article 10 right to freedom of expression.

(2) It appearing that non-disclosure of the identity of the Claimant, his mother and his father is necessary to secure the proper administration of justice and in order to protect the interests of the claimant, his mother and his father and that there is no sufficient countervailing public interest in disclosure.

(3) The Second Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

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 (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 BY CONSENT THAT:

  1. The identities of the Claimant and his Litigation Friend as parties to these proceedings and his father as referred to in the recital of the order made on 19 March 2024 are confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or his father 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, his Litigation Friend or his father in these proceedings. The Claimant and the Litigation Friend and his father shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as GVP
    (ii) The Litigation Friend shall be referred to as LFW.
    (iii) The Claimant’s father shall be referred to as ENS
    Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, his Litigation Friend or his father (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. 4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) 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(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) 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, trustee or deputy.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by Tuesday 9th April 2024 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on Tuesday 19th March 2024 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.”
  7. 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, trustee or deputy.
  8. 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.
  9. The costs of obtaining and complying with this order be costs in the case.

Dated 19 March 2024