Claim Number: H90MA092
In The High Court Of Justice
King’s Bench Division
Manchester District Registry
25 April 2023
HHJ Sephton KC
MNO (Protected Party Proceeding By Way Of Her Grandmother And Litigation Friend, PQR)
(1) STU (Administratrix for the Estate Of VWX, Deceased)
(2) QBE UK Limited
BEFORE HHJ Sephton KC sitting as a Judge of the High Court at Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 25 April 2023
UPON HEARING Leading Counsel for the Claimant in person and Leading Counsel for the Defendant via video link
AND UPON THE Court being satisfied on the evidence before it that the Claimant is a Protected Party
AND UPON consideration of the Claimant’s Article 8 right to respect for her private and family life and the Article 10 right to freedom of expression
AND UPON it appearing that the non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant
AND PURSUANT to Civil Procedure Rule 39.2(4) 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:
- That the identity of the Claimant, her litigation friend, the First Defendant and the Deceased be not disclosed.
- The Claimant and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as MNO and PQR.
- The First Defendant and the Deceased be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as STU and VWX.
- That the address of the Claimant, her litigation friend, the First Defendant and the Deceased 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.
- That in so far as necessary any statement of case or other document disclosing the Claimant’s name and address or that of the litigation friend or that of the First Defendant or the Deceased already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- That the original of any such document disclosing the name and address of the Claimant or her litigation friend or that of the First Defendant or the Deceased is to be placed on the Court file in a sealed envelope marked “not to be opened without permission of the Judge, Master or District Judge of the Queen’s Bench division”.
- 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 retained on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That the 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 any member of his immediate family or the name and address of the litigation friend is prohibited.
- The provisions of this order shall not apply :-
i) To communications between the Court Funds Office and the anonymised party or litigation friend 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) To communications between the Court Funds Office and/or the anonymised party or litigation friend and any financial institution concerned as to the receipt of payment out of such money; or
iii) To records kept by the Court Funds Office or the anonymised party or litigation friend or any such financial institution in relation to such money.
- That any non-party affected by this order may apply on notice to all parties to have this order set aside or varied.
DATED 25th April 2023.