JEB -v- Zunda & Ors (anonymity order)
Claim No: QB-2016-007031
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 08/06/2022
Before:
Master Cook
Between:
JEB (a child, by his Mother and Litigation Friend,
BSU)
-v-
1. Jurijs Zunda,
2. The Motor Insurers’ Bureau
ANONYMITY ORDER
BEFORE Master Cook sitting in the High Court of Justice on 8th June 2022
UPON hearing Leading Counsel for the Claimant and Leading Counsel for
the Defendants
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 being satisfied, pursuant to CPR 39.2(4) that an order
for non-disclosure of the identity of the Claimant and the Litigation Friend
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 Defendants indicating their neutrality to the making of the
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, as
follows:
1. There shall be no publication or other disclosure of any name, address
or information tending to identify the Claimant, the First Defendant,
or the Litigation Friend.
2. The Claimant, the Litigation Friend and the First Defendant shall 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 “JEB”, “BSU”, and “SME” respectively.
3. The address of the Claimant and the Litigation Friend shall 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. The
address of the First Defendant shall be stated in all statements of
case and other documents to be filed or served in the proceedings as
the address of the Second Defendant’s solicitors.
4. Insofar as is necessary, any statement of case or other document
already filed in the proceedings disclosing the name or address of the
Claimant, the First Defendant, or the Litigation Friend is to 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, the First Defendant, or the Litigation Friend is to be
placed on the Court file and shall be marked “Confidential – not to be
opened without the permission of a Judge or Master of the Queen’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 shall be made on notice to the
Claimant and in accordance with CPR r. 5.4C (6) 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, the
First Defendant, or the Litigation Friend. The publication of the name
and/or address of the Claimant or of any member of the Claimant’s
immediate family or the name and/or address of the First Defendant
or the Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:
a. To communications between the Court Funds Office and the
anonymised party or Litigation Friend 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;
b. 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;
c. 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.
d. To retention by the Parties and/or representatives of their
unredacted files for the purposes of their continuing functions
and obligations in relation to proceedings.
e. To communications between the Defendants and their legal
professional advisors, NHS Resolution, the Compensation
Recovery Unit of the Department for Work & Pensions or any
other person required by law.
9. Any non-party affected by this Order may apply on notice to all
parties to have the Order set aside or varied.
10. Costs in the case
SERVICE OF THE ORDER