JKL -v- Farrell and Couzens (anonymity order)
Claim No: QB-2021-002230
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
24 June 2021
Before:
Deputy Master Yoxall
Between:
JKL (A Protected Party who sues by a Litigation Friend, MNO)
-v-
(1) Janice Ann Farrell
(2) John Patrick David Couzens
UPON a direction having been given that the proceedings are to be conducted remotely by Microsoft Teams as video proceedings pursuant to the remote hearings protocol of 20 March 2020 in light of the COVID-19 pandemic
WHEREAS the Claimant is a protected party and brings a claim by a Litigation Friend
AND UPON it appearing that the Claimant is a protected beneficiary
AND WHEREAS the Claimant by the Litigation Friend advanced a claim against the
Defendants for personal injuries arising from an accident as further particularised in the Part 8 Particulars of Claim herein
AND WHEREAS the Claimant and the Defendants reached a proposed settlement in respect of the claim before proceedings were issued
AND WHEREAS the Claimant by the Litigation Friend issued a Claim Form under CPR Part 8 on 9th June 2021 for the approval of the proposed settlement
UPON HEARING Counsel for the Claimant and Leading Counsel for the Defendants
AND UPON considering the confidential Advice of Counsel for the Claimant dated 4th June 2021
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to Rule 39.2 (4) and 39.2 (5) of the Civil Procedure Rules and Section 11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED: –
1. That the identity of neither the Claimant nor the Litigation Friend shall be disclosed.
2. That 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 the Claimant be described as
“JKL” and the Litigation Friend as “MNO”.
3. That the address of the Claimant and the Litigation Friend be stated in all statements of case and other documents be filed or served in the proceedings as the address of the Claimant’s Solicitors.
4. That in so far as is necessary, any statements of case or other documents disclosing the name or address of the Claimant or Litigation Friend already filed in the proceedings be replaced by documents describing such name or address in anonymised form as above.
5. That the original of any such documents disclosing the name or address of the Claimant or the Litigation Friend is to be placed on the Court file marked “Not To Be Opened Without Permission of the Judge, Master or District Judge of the Queen’s Bench Division”.
6. That 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 Litigation Friend, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and the address of the Claimant, any other member of the immediate family of the Claimant, or the Litigation Friend is prohibited.
8. That the provisions of this Order shall not apply:~
a) To the communications between the Court Funds Office and/or Court of Protection and / or the Claimant and / or the Litigation Friend in relation to the payment of money for the benefit of the Claimant or the investment or treatment of or payment out of such money;
b) To communications between the Court Funds Office and/or Court of Protection and / or the Claimant and / 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 Funds Office and/or the Court of Protection and / or the Claimant and / or the Litigation Friend or any such financial institution in relation to such money.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as “JKL” and the Litigation Friend as “MNO”.
11. Costs in the case.