LMN -v- Wadood Ahmad Syed & others (anonymity order)
Claim number: QB-2021-003810
In the High Court of Justice
King’s Bench Division
12 January 2024
Before:
Master Gidden
Between:
LMN
-v-
(1) Mr Wadood Ahmad Syed
(2) Radoslaw Dudkowski
(4) Watford Insurance Company Europe Limited
Anonymity Order
BEFORE Master Gidden sitting at the Royal Courts of Justice, London, conducting a remote hearing on 12 January 2024
UPON hearing Counsel for the Claimant and Counsel for the Fourth Defendant.
AND UPON:
- The Court considering the Claimant’s application for anonymity dated 15 December 2023.
- 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.
- It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
- The Fourth Defendant agreeing to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 11 of the Contempt of Court Act 1981, and CPR rules 5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT:
- The identity of the Claimant in this application for approval is confidential and shall not be published. 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.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of the application for approval proceedings the name or address of the Claimant, or any picture, information or other details that could lead to the identification of ‘LMN’ as the Claimant in the application for approval. The Claimant shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of the application for approval, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as ‘LMN’.
(ii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rule 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of the statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with paragraph 3 above insofar as the application for approval is concerned.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rule 5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication in relation to the application for approval, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle containing the Claim Form, Particulars of Claim and Defences that has been anonymised in accordance with paragraph 3 above by 9 February 2024.
6. The Court file shall be clearly marked with the words “An Anonymity order was made in this case on 12 January 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 this Order.” Insofar as the Court file or any part of the file is in a digital format, the digit file shall be flagged to say “subject to privacy restrictions” and insofar as the software permits, there shall be a note inserted to “An Anonymity order was made in relation this case on 12 January 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 this Order.”
7. 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, and that 7 days’ prior notice of the intention to make such an application is given.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 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.