LXS -v- Nolan Transport Limited (anonymity order)
CLAIM NO: D90LV056
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LIVERPOOL DISTRICT REGISTRY
19 May 2021
BETWEEN:
LXS
(A Protected Party, by, her Litigation Friend, the Official Solicitor)
-v-
NOLAN TRANSPORT LIMITED
BEFORE His Honour Judge Wood QC, Designated Civil Judge for Merseyside, sitting as a Judge of The High Court of Justice, Liverpool District Registry.
UPON HEARING Mr William Waldron QC, Leading Counsel on behalf of the Claimant and Mr Robert Smallwood, Counsel, on behalf of the Defendant by video-link
AND UPON the Claimant having commenced a claim for damages for catastrophic personal injuries arising out of a road traffic accident which occurred on 17th September 2014 by Claim Form dated 15th September 2017
AND UPON consideration of the Claimant’s Article 8 right 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
IT IS ORDERED, pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR 5.48 to D and CPR 39.2, as follows:
1. The identity of the Claimant shall not be disclosed.
2. The Claimant shall be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “LXS”. Insofar as may be necessary, the name of the Claimant’s original Litigation Friend shall be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “JXS”.
3. The address of the Claimant shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant or of the Claimant’s original Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant or of the Claimant’s original Litigation Friend is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission shall be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Claimant’s original Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:
a. To 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 or payment out of such money;
b. To communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money;
c. To records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.
9. The provisions of this Order shall not prohibit the Defendant from disclosing the Claimant’s name, address or any other information tending to identify him to their legal and professional advisers, re-insurers or to HM Revenue & Customs (or its successor) or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant, save and except that no such disclosure shall be in a form which allows the Claimant or her original Litigation Friend to be identified.
10. The Claimant shall by 4 pm on the 26th May 2021 draw and file this Order, but the need for further service on the Defendant is dispensed with.
11. The Defendant may apply under CPR 23.10 to have this Order set aside or varied.
12. Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.