MD and LM (interested party) -v- RNC (anonymity order)
Claim Number: KB-2023-CDF-000004
In the High Court of Justice
Kings Bench Division
Cardiff District Registry
15 February 2023
Between:
MD
(A Protected Party, By LM, His Litigation Friend)
-v-
RNC
Anonymity Order
BEFORE His Honour Judge Harrison, sitting at the High Court at Cardiff.
UPON HEARING Andrew Axon, Counsel on behalf of the Claimant and Quintin Fraser, Counsel on behalf of the Defendant.
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.
IT IS ORDERED Pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2 as follows:
- The identity of the Claimant in these proceedings (Claim No: KB-2023-CDF-000004)
is protected and shall not be published or disclosed. 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 of any name, address, picture or other information that could lead to identification of MD as the Claimant in these proceedings is prohibited.
- Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s family or any details that could lead to the identification of MD 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 should be referred to as “MD”;
(ii) The Claimant’s Litigation Friend should be referred to as “LM”;
(iii) The Defendant should be referred to as “RNC”;
(iv) 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.
- 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 rule 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 the 15th February 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, providing 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 in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) Communications between the Court Funds Office, the Claimant’s representatives, 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, 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.
- Unless otherwise ordered by the Judge a copy of the order must be sent to judicialwebupdates@judiciary.uk with the subject line ‘Order for Publication under
CPR r.39.2(5). - The cost of this order be costs in the claim. DATED this 15th day of February 2023