GXX (By his Litigation Friend SXX) -v- Ruth Driver, Royal & Sun Alliance Insurance Ltd (anonymity order)
Claim No.: QB-2021-002364
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 01/12/2021
Before:
Master Eastman
Between:
GXX (By his Litigation Friend SXX)
-v-
Ruth Driver
and
Royal & Sun Alliance Insurance Ltd
ORDER
BEFORE Master Eastman by MS Teams on 1st December 2021
UPON herein Leading Counsel for the Claimant, Mr Jacob Levy QC and Counsel for
the Defendants, Mr Michael Jones.
AND UPON
1. Consideration of the Article 8 rights of the Claimant to respect for private and
family life and the Article 10 right to freedom of expression.
2. It appearing that nondisclosure of the identity of the Claimant is necessary in
order to protect the interest of the Claimant.
3. The representatives for the Defendants indicating neutrality to the making of the
order and there being no representations from press or any other interested party.
AND PURSUANT to Section 11 of the Contempt of Court Act 1991; and the CPR
5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT
1. The identity of the Claimant in these proceedings is protected and shall not be
published.
For this purpose:
(i) “Publication” includes any speech, writing, broadcast or other
communication in whatever form, which is addressed to the public at
large or any section of the public”.
(ii) Publication of any name, address or picture or other information that
could lead to identification of GXX as the Claimant in these proceedings
is prohibited.
2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these
proceedings the name or address of the Claimant, or any details that could lead
to the identification of GXX as the Claimant in these proceedings. The
Claimant, his Wife and Litigation Friend should be referred to as set out in
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 “GXX”;
(ii) The Litigation Friend should be referred to as “SXX”;
(iii) The Claimant’s wife should be referred to as “EXX”.
(iv) Any other details liable to lead to the identification of the Claimant
(including any names or other family members or addresses) shall be
redacted before publication.
4. Pursuant to CPR rule 5.4 C and 5.4 D:
(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 (iv) above;
(ii) If a person who is not a party to the proceedings applies pursuant to CPR
Rule 5.4C(1B) or (2) for permission to inspect or obtain a copy of any
document or communication, such application shall be on at least 7
days’ notice to the Claimant’s Solicitor or deputy.
5. The Court file shall be clearly marked with the words: “An anonymity order was
made in this case on 1st December 2021 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, providing that any such application is
made on notice to the Claimant Solicitor or Deputy, and that 7 days prior notice
of the intention to make such an application is given.
7. For the avoidance of doubt paragraphs 1 to 4 above shall not apply to the
following, which do not constitute publication within the meaning of paragraph
1 (providing always that proper steps are taken to protect the confidentiality of
information from being made public);
(i) Communications between the Court Funds Office and the anonymised
party, Litigation Friend or Deputy in relation to the payment of money
into the Court Funds office for the benefit of the anonymised party or
the investment or treatment of payment out of such money;
(ii) Communication between the Court Funds office, the Claimant’s
representatives or any only financial institutions concerned as to receipt
or investment of such money;
(iii) Records kept by the Court Funds office, the Claimant’s representatives
or the financial institutions concerned as to the receipt or investment to
the Claimant’s money.
(iv) Retention by the parties and their representatives of their unredacted
files for the purposes of their continuing functions and obligations in
relation to the proceedings.
8. Pursuant to the “Practice Guidance: Publication of Privacy and Anonymity
Orders” issued by the Master of Roles on 17th 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 the Court officer will send a copy of the
order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
9. The cost of obtaining this Order be costs in the claim.