JAX -v- Alannah Watkins (anonymity order)
Claim number: KB-2024-001733
In the High Court of Justice
King’s Bench Division
7 August 2024
Before:
Master Armstrong
Between:
JAX
(a Protected Party by his mother and Litigation Friend, JAY)
-v-
Alannah Watkins
Anonymity order
UPON hearing Mr Walker, Counsel, for the Claimant and Michelle McGovern, Solicitor for the Defendant, both attending by MS Teams
AND UPON Consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON the Court being satisfied, pursuant to CPR 39.2(4) that an order for non-disclosure of the identity of the Claimant, his Litigation Friend and the Defendant in the terms below is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure.
AND UPON the Defendant taking a neutral stance to the Claimant’s application for this Order
IT IS ORDERED Pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2(4) as follows:-
- The identity of the Claimant in these proceedings is protected and shall not be published or disclosed.
For this purpose:
(i) “publication” includes any speech, writing, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public;
(ii) publication of any name, address, picture or other information that could lead to identification of JAX as the Claimant in these proceedings is prohibited.
2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s family or any details that could lead to the identification of JAX as the Claimant in these proceedings. The Claimant and the Litigation Friend should 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 should be referred to as “JAX”;
(ii) The Litigation Friend should be referred to as “JAY”;
(iii) The Defendant should be referred to “ ABC”
(iv) 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:
(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 rule 5.4C(1B) or (2) for permission to inspect or obtain a copy of any document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
5. 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 by 30th August 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6th August 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.”
7. 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 and/or Deputy, and that at least 7 days’ prior notice of the intention to make such an application is given.
8. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):
(i) Communications between the Court Funds Office and the anonymised party, Litigation Friend or the Deputies (Ms Jemma Morland & Ms Emma Gaudern of EMG Solicitors) 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;
(ii) Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money;
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the Claimant’s money;
(iv) Retention and use by the parties, deputies and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations;
(v) Communications between the parties; and
(vi) Communications within and between the Defendant, their legal advisers, reinsurers, and the Compensation Recovery Unit.
9. Pursuant to the ‘Practice Guidance: Publication Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17th 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. The costs of obtaining this order be costs in the case.