MFA and AMB (interested party) -v- HSC and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: HA90MA027

In The High Court Of Justice
King’s Bench Division
Manchester District Registry

16 May 2023

Before:
District Judge Colvin

Between:
MFA
(By her Litigation Friend, AMB)
-v-
(1) HSC
(2)Churchill Insurance Limited

Anonymity Order

On 16th May 2023

BEFORE District Judge Colvin sitting in the Manchester District Registry of the High Court of Justice.

UPON HEARING Counsel for the Claimant and Solicitor for the Defendant.

AND UPON the Court noting that Claimant is a protected party and a Protected Beneficiary.

AND UPON the Court noting that the Claimant has made a claim (the “Claim”) against the Defendants for personal injuries suffered by her arising out of the First Defendants’ negligence.

AND UPON the Court noting that the Claimant has judgment for an amount to be decided and costs.

AND UPON the Court noting that an Interim Payment of £50,000 was advanced to the Claimant on 6th February 2023 which is held by her Professional Deputy

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 IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED THAT:-

  1. The identities of the Claimant, her Litigation Friend and the First Defendant shall not be disclosed.
  2. That the Claimant, her Litigation Friend and the First Defendant shall be described in all further statements of case, including any related Part 20 Proceedings, and all further 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 “MFA”, “AMB” and “HSC” respectively.
  3. That the address of the Claimant and of the Litigation Friend be stated in all statements of case and all other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. That, in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. That the original of any such document disclosing the name or address of the Claimant or of the Litigation Friend is to be placed on the Court file in a sealed envelope marked “Not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. That 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 must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Private”.
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
  8. The provisions of this Order shall not apply:-

a. to communications between the Court Funds Office/Court of Protection and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office/Deputyship Account for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office/Court of Protection and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
c. to records kept by the Court Funds Office/Court of Protection or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d. to medical and rehabilitation records disclosed between the parties and sent to their Part 35 Experts, the Claimant’s treating doctors and treating therapists, the DWP and the Court of Protection;
e. to communications passing between the Claimant’s Litigation Friend and her legal and/or professional advisors and/or experts;
f. to communications passing between the Defendant and its legal and/or professional advisors and/or experts;
g. to communications passing between the Claimant’s and Defendants’ legal and/or professional advisors; and
h. To the Defendants’ or the Defence insurer from disclosing the Claimant’s name, address or any other information tending to identify her to their reinsurers, their legal and professional advisers, an annuity provider or to HM Revenue and Customs (or its successor) or any other person required by law.

  1. The Defendant may apply on notice to the Claimant to have this Order set aside or varied.
  2. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  3. Costs in the case.

Dated 16th May 2023.