HCE -v- Benjamin Watson (anonymity order)
Claim number: KB-2025-NCL-00045
In the High Court of Justice
King’s Bench Division
Newcastle upon Tyne District Registry
10 June 2025
Before:
His Honour Judge Freedman
sitting as a High Court Judge
Between:
HCE
(by her daughter and litigation friend, AGT)
-v-
Benjamin Watson
Anonymity order
BEFORE His Honour Judge Freedman sitting in the High Court of Justice, Kings Bench Division, Newcastle-upon-Tyne District Registry on 10 June 2025
UPON HEARING Toby Coupe of Counsel for the Claimant and Victoria Harrison of Counsel for the Defendant
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 non-disclosure of the identity of the Claimant and of the Litigation Friend is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure;
(3) The Defendant indicating his 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, s11 of the Contempt of Court Act 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 (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings;
(3) References to ‘the Claimant’ in paragraph 5 of this Order includes references to the Claimant’s legal representatives and advisers.
IT IS ORDERED:
- The identity of the Claimant and of her Litigation Friend as parties to these proceedings is confidential and shall not be published.
- 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 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 in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “HCE”;
b. The Litigation Friend shall be referred to as “AGT”;
c. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
a. 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 (a) to (c) above;
b. 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.
- The provisions of this Order shall not apply to:
a. 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;
b. Medical and rehabilitation/treatment records and any forms of authority or instructions disclosed between the parties and sent to their CPR Part 35 experts, the Claimant’s treating doctors and treating therapists, the Department of Work and Pensions, the Court of Protection, Case Manager(s) and any other third party from whom disclosure and/or treating and/or medico-legal reports are required for the purpose of this litigation;
c. Communications passing between the Claimant’s Litigation Friend and her legal and/or professional advisors and/or experts;
d. Communications passing between the Defendant, his insurers, or his successors in title and his legal and/or professional advisors and/or experts, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law;
e. Communications passing between the legal and/or professional advisors of the Claimant and/or the Defendant.
- 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 within 21 days of the date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
7. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on 10 June 2025 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.”
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, trustee 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 judicialwebupdates@judiciary.uk.
- The costs of obtaining this order be costs in the case.