KXM -v- Aviva Insurance Limited (anonymity order)
Case No: QB-2021-NCL-000019
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
NEWCASTLE DISTRICT REGISTRY
Date: 04/07/2022
Before:
HH Judge Freedman
BETWEEN:
KXM
(A Child Proceeding by her Mother and Litigation Friend
DXM)
-v-
Aviva Insurance Limited
ANONYMITY ORDER
BEFORE His Honour Judge Freedman sitting at Newcastle District Registry and considering this
matter on the papers;
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant 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 and the Claimant’s Litigation
Friend is necessary in order to protect the interests of the Claimant and that there is no sufficient
countervailing public interest in disclosure.
(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 6 of the Human Rights Act 1998; section 11 of the Contempt of
Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)
QB-2021-NCL-000019
Court Address: Business and Property Courts in Leeds, Leeds Combined Court Centre, 1 Oxford Row, Leeds, LS1 3BG.
WHEREAS:
1. For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever
form (including internet and social media), which is addressed to the public at large or
any section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived
from a previous stage or stages of these proceedings.
2. For the avoidance of doubt, set out below is a non-exhaustive list of examples of
communications and records which do not constitute publication within the meaning of this order
(providing always that proper steps are taken to protect the confidentiality of information from
being made public). In this list references to ‘the anonymised party’ include that party’s appointed
representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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 anonymised party, and any
financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial
institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their
unredacted files for the purposes of their continuing functions and obligations in relation to
the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title
and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its
successor), the Compensation Recovery Unit or any other person required by law. (vi)
Communications between the anonymised party’s representatives and advisers in
managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for
the anonymised party
Court Address: Business and Property Courts in Leeds, Leeds Combined Court Centre, 1 Oxford Row, Leeds, LS1 3BG.
IT IS ORDERED THAT
1. The identity of the Claimant and the Claimant’s Litigation Friend as parties to 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 these proceedings or
other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other
immediate family members, or any details (including other names, addresses, or a specific
combination of facts) that could lead to the identification of KXM as the Claimant in these
proceedings. 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, or other publication (by whatever medium) in
relation thereto:
(i) The Claimant shall be referred to as “KXM”.
(ii) The Litigation Friend shall be referred to as “DXM”.
(iii) Any other details liable to lead to the identification of the Claimant (including any
names of other immediate family members or their 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 r.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, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this
case 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.”
Court Address: Business and Property Courts in Leeds, Leeds Combined Court Centre, 1 Oxford Row, Leeds, LS1 3BG.
6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary
or discharge this Order, provided that any such application is made on notice to the Claimant’s
solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an
application is given.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by
the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the 6
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.
8. The costs of obtaining this order be costs in the case