MK -v- PossAbilities CIC (anonymity order)
Claim Number: F79YX507
In the County Court at Burnley
16 July 2021
Before:
His Honour Judge Khan
Between:
Mr MK (a protected party by his litigations friend Mrs PK)
-v-
PossAbilities CIC
BEFORE His Honour Judge Khan sitting at the County Court at Burnley, The Law Courts, Hammerton Street, Burnley, Lancashire, BB11 1XD on 15 July 2021
UPON HEARING Mr Joseph Mulderig, Counsel on behalf of the Claimant and Mr Jonathan Grace, Counsel on behalf of the Defendant by way of a remote hearing conducted by CVP
AND UPON the Court noting that the hearing was attended by the Claimant, Mrs PK (litigation friend), Mr Michael Corrigan (Claimant’s Solicitor) and Mr Philip Taylor, Interim Deputy
AND UPON it being recorded that no representations were made by a member of the Press and the Defendant indicating its neutrality to the making of the Order
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 WHEREAS THE COURT is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and his family pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1988 and CPR Rules 5.4A to 5.4D and CPR Rule 39.2(4) and that there is no sufficient countervailing public interest
IT IS ORDERED THAT:
1. There be substituted for all purposes of this case, in place of references to the Claimant by name, and whether orally or in writing, references to the letters MK. Likewise, the Claimant’s Litigation friend shall be referred to as PK.
2. A non-party may not inspect or obtain a copy of any document from the Court file without the permission of the Court. Any application for such permission must be made on at least 7 days’ notice to the Claimant and in accordance with CPR Rule 5.4C(6).
3. A non-party may not obtain any copy statement of case or other document from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant, or the Claimant’s Litigation Friend.
4. There shall be no publication or other disclosure of any name, address, image or other information that may lead to the subsequent identification of the Claimant as the claimant in this action or his Litigation Friend. 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 address of the Litigation Friend is prohibited.
5. Nothing in this order shall prohibit the Defendant from disclosing the Claimant’s name and address to their reinsurers, their legal advisors, providers of annuities and/or the Compensation Recovery Unit.
6. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing functions and obligations in relation to the proceedings and paragraph 1 shall not apply in those respects.
7. Pursuant to the ‘Practice Guidance: Publication of 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 judicialwebupdates@judiciary.uk.
8. Any non-party affected by this Order may apply to the Court to vary or set aside this Order, providing that that any such application is made on notice to the Claimant and the Defendant, and that 7 days’ prior notice of the intention to make such an application is given.
9. There be permission to all parties to apply in relation to this Order.
10. The costs of obtaining this Order be costs in the case.