IPX -v- Mr Peter Black (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: KB-2022-LDS-000077

In the High Court of Justice
King’s Bench Division
Leeds Combined Court Centre

7 December 2022

Before
His Honour Judge Gosnell

Between:
IPX
(A protected party by his Litigation Friend CPX)
-v-
Mr Peter Black

Before His Honour Judge Gosnell sitting at Leeds High Court, 1 Oxford Row, Leeds, LS1 3BG
Upon Hearing Mr Paul Rose KC for the Claimant and Mr Jonathan Lally, counsel for the Defendant
And Upon the request of the parties
Whereas the Claimant has made a claim (the ‘Claim’) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on 20 June 2017, and in respect of which Part 8 proceedings were commenced by the Claimant against the Defendant in the High Court on October 2022
And Whereas the Claimant is a protected party and brings the Claim by his litigation friend, CPX
And Upon
(1) Consideration of the Claimant’s Article 8 rights 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 in protect the interests of the Claimant
(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
And Pursuant to section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
Except the provisions of this Order shall not apply:-
(1) To communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of monies in the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money
(2) To communications between the Court Funds office and/or the anonymised party or Litigation Friend, and any financial institution concerned as to the receipt or investment of such money
(3) To records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money
(4) To communications between the Defendant solicitors/Insurer and the Court Funds Office concerned with administrating, managing the account and transferring the Claimant’s damages
(5) To communications between the Department for Work and Pensions and the Defendant solicitors/Insurer concerned with administering and discharging the outstanding recoverable benefits and NHS charges.

Order

  1. The identity of the Claimant and his Litigiation Friend in 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 thes proceedings the name or address of the Claimant, or the Claimant’s Litigation Friend, or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this order.
  3. In any judgment or report of these proceedings:
    (1) The Claimant shall be referred to as ‘IPX’
    (2) The Litigation Friend shall be referred to as ‘CPX’
    (3) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (1) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgement or Order from the Court records only if the statement of case, judgment or Order has been anonymised in accordance with subparagraphs 3(1) to 3(3) above
    (2) 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 other 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 7th December 2022 and any application by 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’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  7. A copy of this Order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as IPX and his litigation friend as CPX.