Case No: G90LV041
In the High Court of Justice
King’s Bench Division
8 December 2022
His Honour Judge Harrison
(A Protected Party by His Litigation Friend, OPQ)
Mr Colin Young
UPON HEARING Mr Pankaj Madan, Counsel on behalf of the Claimant and Mr Andrew Davis KC, Leading Counsel on behalf of the Defendant, remotely by CVP.
AND UPON Consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON the Court being satisfied, pursuant to CPR 39.2(4) that an order for non-disclosure of the identity of the Claimant in the terms below is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure.
AND UPON 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 WHEREAS for this purpose:
(i) “publication” includes any speech, writing, broadcast or other communication in whatever form, 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.
AND PURSUANT to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4 C to D and CPR 39.2(4) as follows:-
IT IS ORDERED THAT:
- The identity of the Claimant in these proceedings is protected and shall not be published or disclosed.
- Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings 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 LMN as the Claimant in these proceedings. The Claimant should be referred to as set out at paragraph 3 of this order.
- 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 “LMN”;
(ii) The Litigation Friend shall be referred to as “OPQ”
(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.
- 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 5.4C(1B) or (2) for permission to inspect or obtain a copy of any document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 8th December 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.”
- 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 and/or Deputy, and that at least 7 days’ prior notice of the intention to make such an application is given.
- For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):
(i) Communications between the Court Funds Office and the anonymised party, Litigation Friend or Deputy or Trustees in relation to the payment of money into the Court Funds Office, Personal Injury Trust for the benefit of the anonymised party or the investment or treatment or payment out of such money;
(ii) Communications between the Court Funds Office, the Claimant’s representatives, Trustees, or any financial institution concerned as to the receipt or investment of such money;
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, Trustees or any financial institution concerned as to the receipt or investment of the Claimant’s money;
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) 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.
- Pursuant to the ‘Practice Guidance: Publication Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17th 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 firstname.lastname@example.org.
- The cost of this order be costs in the claim.
DATED this 8th day of December 2022.