HL -v- Crutchley (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: QB-2022-MAN-000067

In The High Court Of Justice
Kings Bench Division
Manchester District Registry

15 April 2024

Before:
HHJ Bird

Between:
HL
(A Protected Party Proceeding Via His Litigation Friend SR)
-v-
Mr Mark Aron Crutchley

Anonymity Order

BEFORE His Honour Judge Bird sitting as a Judge of the High Court at the Manchester Civil Justice Centre on 6th March 2024.

UPON HEARING counsel for the Claimant and counsel for the Defendant.

WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on 31st July 2020 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of the Justice King’s Bench Division on 17th March 2022.

AND WHEREAS it is asserted (but denied by the Defendant) that the Claimant is, within the meaning of CPR 21.1.(2)(d), a Protected Party, such that he brings the claim by his friend and Litigation Friend, Shane Reason

AND WHEREAS it is asserted ( but denied by the Defendant) that the Claimant is, within the meaning of CPR 21.1.(2)(e), a Protected Beneficiary

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 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 its neutrality to the making of the order and there being no representations from the press or any other interested party.

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 (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

AND PURSUANT to section 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981 and CPR rules 5.4C, 5.4D and 39.2(4).

IT IS ORDERED THAT:

  1. The identity of the Claimant, and the Litigation Friend to these proceedings, is protected 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 other publication the name or address of the Claimant, the Claimant’s immediate family members or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of HL as the Claimant in these proceedings. The Claimant and Litigation Friend shall be referred to as set out at 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 HL
    (ii) The Litigation Friend shall be referred to SR
    (iii) Any other details liable to lead to the identification of the Claimant including any names of other immediate family members or their addresses shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (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 (iii) above.
    (ii) 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.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6th March 2024 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, provided that any such application is made on notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  7. 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.
  8. The costs of obtaining this order be costs in the case.