JXY (A Protected Party by his Litigation Friend, KXY) -v- Louis Hawkes (anonymity order)
Claim No: QB-2020-003604
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 08/11/2021
Before:
Master Cook
Between:
JXY
(A Protected Party by his Litigation Friend, KXY)
-v-
Louis Hawkes
ORDER
Upon hearing Counsel for the Claimant and Counsel for the Defendant;
And Upon this claim being made against the Defendant for personal injuries suffered by the Claimant and arising out of a road traffic accident on 25 July 2003;
And Upon the Claimant being a protected party (pursuant to the Mental Capacity Act 2005) and who brings a claim by his Litigation Friend;
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 Pursuant to rule 39.2(4) 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 that:
1. The identity of the Claimant and of the litigation friend be not disclosed
2. The Claimant and his Litigation Friend 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 “JXY” and “KXY”;
3. The address of the Claimant and of the litigation friend be stated in all
documents filed or served in the proceedings as the address of the Claimant’s
solicitors.
4. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report
of the proceedings the name or address of the Claimant or of the Claimant’s
Litigation Friend or other immediate family or any details leading to the
identification of the Claimant or his Litigation Friend. If referred to the Claimant
and the Claimant’s Litigation Friend shall only be referred to as a “JXY” and
“KXY”;
5. 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 the Court will effect service. The
file is to be retained by the Court and marked “Anonymised”.
6. A person who is not a party to the proceedings may obtain a copy of a
statement of case, judgment or Order from the Court records only if the
statement of case, judgment or Order has been anonymised such that the
Claimant and his Litigation Friend are referred to in those documents only
as “JXY” and “KXY” and the address of the Claimant and his Litigation Friend
have been deleted from those documents.
7. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or his litigation friend. The
publication of the name and address of the Claimant or of any member of the
Claimant’s immediate family or the name and address of the litigation friend is
prohibited.
8. The Court file shall clearly be marked with the words “An anonymity Order was
made in this case on 8th November 2021 and any application by a non-party to
inspect or obtain any copy document from this file must be dealt with in
accordance with the terms of that Order”.
9. Nothing in this Order shall prohibit the Defendant, his insurers or his insurers
successors and their reinsurers from disclosing the Claimant’s name, address
or any other information tending to identify him to each other, their legal and
professional advisers, the Compensation Recovery Unit of the Department for
Work and Pensions or to HM Revenue & Customs or any other person required
by law.
10. 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.
11. The Claimant do within 7 days of the date of this Order serve the same on the
Defendant.