MLS and others -v- Brierley (anonymity order)
Case Number: K80MA001
In the County Court at
5 May 2023
District Judge Haisley
(1) Mr Lewis Leigh Rawlinson (Administrator
Of The Estate L.A.Sutcliffe)
(2) MLS A Minor By Litigation Friend KLC
(3) OTS A Minor By Litigation Friend MRM
Mr Jake Andrew Brierley
WARNING: you must comply with the terms imposed upon you by this Order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the Court before any deadline imposed upon you expires.
Before District Judge Haisley sitting at the County Court at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ.
UPON HEARING Chris Taft, Counsel for the First and Second Claimants, James Bell, Counsel for the Third Claimant and Nicholas Grimshaw, Counsel for the Defendant
- WHEREAS the Claimants have made a claim against the Defendant for the benefit of the Deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 and on behalf of the dependants of the Deceased under the Fatal Accidents Act 1976, as amended for the personal injuries suffered by the Deceased and the consequential loss to his dependants arising out of the
Defendant’s admitted negligence on 5th June 2017
AND UPON the Claimants and the Defendant having agreed the terms set out in the Approval Order of even date which has been approved by the Court
(1) Consideration of the Article 8 rights of Second and Third Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Second and Third Claimant is necessary to secure the proper administration of justice and in order to protect the interests of Second and Third Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4),
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) 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.
IT IS ORDERED THAT
- The identity of the Second and Third Claimant as parties and their Litigation Friends in these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Second or Third Claimant, their Litigation Friends or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of MLS and OTS as the Claimants in these proceedings. The Second and Third Claimant and their Litigation Friends shall 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 Second Claimant shall be referred to as “MLS”.
(ii) The Litigation Friend of the Second Claimant shall be referred to as “KLC”.
(iii) The Third Claimant shall be referred to as “OTS”.
(iv) The Litigation Friend of the Third Claimant shall be referred to as “MRM”.
(v) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Second or Third Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
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 r.5.4C(1 B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Second and/or Third Claimant’s solicitor.
- The Second Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4pm on 15th May 2023.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 24th April 2023 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, provided that any such application is made on 7 days’ notice to the Second and/or Third Claimant’s solicitor.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2()19 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 firstname.lastname@example.org.
Dated 2 May 2023