LLB -v- Royal and Sun Alliance Insurance (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-MAN-000196

In the High Court of Justice
King’s Bench Division
Manchester District Registry

22 November 2024

Before:

His Honour Judge Sephton KC
sitting as a Judge of the High Court

Between:

LLB
(a protected party by her grandmother
and litigation friend, RRA)

-v-

Royal and Sun Alliance Insurance Limited

Anonymity order

WARNING: You must comply with the terms imposed upon you by this Order. Otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make a formal Application to the Court before any deadline imposed upon you expires.

BEFORE His Honour Judge Sephton KC sitting as a Judge of the High Court, King’s Bench Division, Manchester District Registry, 1 Bridge Street West, Manchester, M60 9DJ on Friday 22nd November 2024

UPON hearing Christopher Melton KC on behalf of the Claimant and Michael Jones on behalf of the Defendant

AND UPON:
(1) Consideration of the Article 8 rights of the Claimant and of the Claimants litigation friend 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 is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and the litigation friend 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 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
(1) ‘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.
(2) 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.

IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 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 “LLB”.
    (ii) The Litigation Friend shall be referred to as “RRA”.
    (iii) Any other details which, on their own or together with other information publicly available, may 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 provisions of this Order shall not apply:
    (i) To the communication between the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant 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; or
    (ii) To communications between the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant and any financial institution concerned as to the receipt or investment of such money; or
    (iii) To records kept by the Court of Protection and / or the Claimant’s Court of Protection Deputy and / or the Litigation Friend and / or the Claimant or any such financial institution in relation to such money.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 22nd November 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, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. 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 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.
  9. The costs of obtaining this order be costs in the case.

Dated 22 November 2024