GWS and others -v- St Thomas Becket Catholic Primary School (anonymity order)
Claim Number: KB-2022- 004591
In the High Court of Justice
King’s Bench Division
5 December 2022
Before:
Master Brown
Between:
(1) G.W.S.
(A minor by their Litigation Friend F.W.H)
(2) W.I.G.
(3) A.P.L.
-v-
St Thomas Becket Catholic Primary School
Order
With the approval of the Court
UPON consideration of the Claimants’ application dated 1 December 2022
AND UPON consideration of the Claimants’ 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 First, Second and Third Claimants, the First Claimant’s litigation friend, is necessary in order to protect the interests of the First 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:-
- That the identity of the First Claimant, Second Claimant, Third Claimant and the First Claimant’s litigation friend shall not be disclosed.
- That the First Claimant, the Second Claimant, the Third Claimant and the First Claimant’s litigation friend 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.W.S.”, “W.I.G.”, “A.P.L.”, and “F.W.H.” respectively.
- That the address of the Claimants and the First Claimant’s litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
- That in so far as necessary, any statement of case or other document disclosing the Claimants’ names or addresses, or the name or address of the First Claimant’s litigation friend, already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- That the original of any such document disclosing the name or address of the Claimants, or the First Claimant’s litigation friend is to be placed on the Court file marked “Confidential not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
- That a non-party (that is a person other than the Claimants, the First Claimant’s Litigation Friend, his Deputy (if appointed), and legal advisors and the Defendant and its legal advisors) 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 Judge or Master. In any event any document in respect of which such permission is given must first be anonymised in accordance with this direction and any information which might identify the Claimants has been redacted, unless the Judge or Master orders otherwise. Any application for such permission must be made on notice to the First Claimant, c/o Stewarts, 5 New Street Square, London EC4A 3BF, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or the First Claimant’s litigation friend. The publication of the name and address of the Claimants, or the name and address of the First Claimant’s litigation friend is prohibited.
- The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office, Court of Protection or the First Claimant’s professional Deputy and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office or to the Deputy for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to 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; or
(iii) to records kept by the Court Funds Office, Court of Protection, the Deputy or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
(iv) to communications between the Defendant solicitors/Insurer and the Court Funds Office, Court of Protection or the Deputy concerned with administrating, managing the account and transferring the claimant’s damages
(v) to communications between the Department for Work and Pensions and the Defendant solicitors/Insurer concerned with administrating and discharging the outstanding recoverable benefits and NHS charges.
(vi) to communications between the Defendant, the Defendant’s Insurer, their legal and professional advisers, their reinsurers, an annuity, HM Revenue & Customs (or its successor) or any other person required by law.
- 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.
- 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 First Claimant, Second Claimant, Third Claimant and the First Claimant’s litigation friend as G.W.S., W.I.G., A.P.L. and F.W.H. respectively.
- Costs in the case.
Dated: 5th December 2022