HBR -v- MBK and Ors (anonymity order)
Claim number: KB-2023-MAN-000093
In the High Court of Justice
King’s Bench Division
Manchester District Registry
1 November 2023
Before:
His Honour Judge Pearce
Between:
HBR (a protected party, proceeding by his Litigation Friend, FIN)
-v-
(1) MBK
(2) HGS
Anonymity Order
BEFORE HIS HONOUR JUDGE PEARCE sitting at the Manchester Civil Justice Centre as a Judge of the High Court on 1 November 2023
UPON HEARING Rhiannon Jones KC on behalf of the Claimant and Peter Burns KC, on behalf of the First Defendant
WHEREAS the Claimant, a protected party who proceeds by his Litigation Friend, has made a claim (the “Claim”) against the Defendants for damages for personal injuries suffered by her arising out of the Defendants’ negligence
AND UPON:
- Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
- The principles set out in the Judgments of the Court of Appeal in JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ.96
- The First Defendant indicating its neutrality to the making of the order, the Second Defendant not attending and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4), the Court being satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
WHEREAS for the purpose 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 THAT:
(1) The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 any other publication the name or address or email address of the Claimant, the Claimant’s Litigation Friend or other immediate family members or the Defendants, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant, the Litigation Friend or other immediate family members or the Defendants. The Claimant, Litigation Friend and Defendants shall be referred to as set out at paragraph 3 of this anonymity Order.
(3) In any judgment or report of these proceedings or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “HBR”;
(ii) The Litigation Friend shall be referred to as ‘FIN’;
(iii) The First Defendant shall be referred to as “MBK”;
(iv) The Second Defendant shall be referred to as “HGS”.
(v) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the Litigation Friend and/or the Defendants (including any names of other family members or addresses) shall be redacted before publication.
(4) That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend or the Defendants already filed in the proceedings be replaced by a document redacting such name or address as above.
(5) That the unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend or of the Defendants is to be placed on the Court file in a sealed envelope marked ‘not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division.’
(6) The Court’s file shall be clearly marked with the words “An anonymity order was made in this case on 1 November 2023 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) Pursuant to CPR Rule 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, Judgment or Order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraphs 3 and 4 above;
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rules 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 14 days’ notice to the Claimant’s Solicitor and the Court will effect service.
(8) 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 or deputy.
(9) 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.
(10) Reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the publication of the name and address of the Claimant or any member of the Claimant’s immediate family or of the Defendants.
(11) The provisions of this Order shall not apply to:-
(a) Communications between the Court Funds Office and the anonymised party, his deputy or Litigation Friend 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;
(b) Communications between the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution concerned as to the receipt or investment of such money; or
(c) Records kept by the Court Funds Office or the anonymised party, his Deputy or the Litigation Friend or any such financial institution in relation to such money.
(d) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(e) Communications between the Defendants, their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(f) Communications between the anonymised party’s representatives and advisers in managing that parties’ affairs.
(g) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(12) The costs of obtaining this order be costs in the case.