LLL -v- KLM (anonymity order)
Claim No: H90MA030
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
Date: 24/02/2022
Before:
HHJ Sephton QC
Between:
LLL (A Protected Party suing by his Mother and
Litigation Friend, MMM)
-v-
KLM
ANONYMITY ORDER
BEFORE HHJ Sephton QC sitting as a High Court Judge at the Manchester Civil Justice Centre on 24 February 2022
UPON hearing Christopher Melton QC, Leading Counsel for the Claimant and Peter Burns QC, Leading Counsel for the Defendant.
WHEREAS the Claimant has brought a claim against the Defendant for personal injuries suffered by him arising out of an accident which occurred on 17 February 2018 (“the Claim”).
AND WHEREAS the Claimant’s experts have assessed the Claimant as lacking the capacity to litigate and needing to be treated as a protected party, so that he brings the Claim by his mother and Litigation Friend.
AND WHEREAS on 20 March 2020 an application was issued in the Court of Protection on behalf of the Claimant for the Appointment of a Professional Financial Deputy which is currently in the process of being determined.
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 identities of the parties 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 his 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).
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 anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(ii) Records kept by the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iii) 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.
(iv) Communications between the Defendant, 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.
(v) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vi) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
IT IS ORDERED THAT:
1. The identities of the parties to these proceedings are 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 of the Defendant or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of LLL as the Claimant in these proceedings. The Claimant and the Litigation Friend and the Defendant 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 “LLL”.
(ii) The Litigation Friend shall be referred to as “MMM”
(iii) The Defendant shall be referred to as “KLM”.
(iv) 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 on 24th February 2022 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.”
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 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 shall be costs in the case.