HCP -v- Murrell and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No. KB-2024-001173

In the High Court of Justice
King’s Bench Division

10 March 2025

Before:

Master Eastman

Between:

HCP (a protected party by his mother and litigation friend, PLQ)

-v-

1. Vernon John Murrell
2. AXA Insurance UK PLC

ORDER

Upon the Claimant having made a claim against the First and Second Defendants for personal injuries suffered by him on 7 January 2021, in respect of which proceedings were commenced by the Claimant by a claim form issued out of the Royal Courts of Justice on 14 April 2024.

AND WHEREAS the Claimant is a protected party and brings the claim by his mother and litigation friend PLQ;

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;

AND UPON the Court considering that the non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the 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:

  1. The identity of the Claimant and that of the litigation friend shall not be disclosed.
  2. The Claimant, the Claimant’s litigation friend and the Defendants 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:
    a. HCP for the Claimant;
    b. PLQ for the Claimant’s litigation friend.
  3. The address of the Claimant and of the 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 Claimant’s solicitors.
  4. In so far as is necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. The original of any such document disclosing the name or address of the Claimant or of the litigation friend 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. A non-party 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 Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
  8. The provisions of this Order shall not apply:-

a. to communications between the Claimant’s Deputy and the Claimant or the litigation friend or the First and Second Defendants in relation to the continued conduct of the claim or to the payment of money into a Court of Protection account for the benefit of the Claimant or the investment or treatment or payment out of such money;

b. to communications between the Claimant’s Deputy and the Claimant or the litigation friend and any financial institution concerned as to the receipt or investment of such money; or

c. to records kept by the Court of Protection or the Claimant’s Deputy or the Claimant or the litigation friend or any such financial institution in relation to such money.

  1. Provided that the parties and/or their advisers and/or any Deputy appointed for the Claimant and/or those instructed on behalf of the First and Second Defendants do not publish any document containing references to those mentioned in paragraph 1 and 2 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations in conducting the claim, or in relation to the settlement thereof, and paragraphs 1 to 4 and 7 shall not apply in those respects.
  2. The Claimant do serve this Order on the First and Second Defendants.
  3. Any non-party affected by this Order may apply on notice under CPR rule 23.10 to all parties to have this Order set aside or varied.