Claim No: G90BM154
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY
(A Protected Party and Child by his Mother and Litigation Friend, DKRD)
JENNIFER MARIE WHITEFOOT
BEFORE Her Honour Judge Kelly Sitting in the High Court of Justice, Queen’s Bench Division, Birmingham District Registry on 22nd March 2022
UPON HEARING Leading Counsel for the Claimant and Counsel for the Defendant
AND UPON the Claimant’s application dated 24th January 2022.
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.
AND UPON the Defendant taking a neutral stance to the Claimant’s application for an anonymity order.
IT IS ORDERED THAT:
1. The identity of the Claimant and the litigation friend shall not be disclosed.
2. The Claimant and the litigation friend be described in all 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 “MORD” and “DKRD” respectively.
3. The address of the Claimant and of the litigation friend be stated in all documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. In so far as necessary, any statement of case or other document disclosing the Claimant’s name and 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. The original of any such document disclosing the name or address of the Claimant or 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 Queen’s Bench Division”.
6. 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 Defendant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. 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 and Defendant is prohibited.
8. The provisions of this Order shall not apply:
a) to communications between the anonymised party and Litigation Friend in relation to the investment or treatment of or payment out of such money;
b) to communications between the anonymised party or Litigation Friend and any financial institution concerned or deputy as to the receipt or investment of such money; or
c) to records kept by the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d) To communications within and between the Defendant, her legal advisers, insurers, reinsurers and the Compensation Recovery Unit.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Nothing in paragraphs 1 to 9 above shall prohibit the parties from disclosing the Claimant’s and litigation friend’s name, address or any other information tending to identify them to the Compensation Recovery Unit of the Department for Work And Pensions and/or the Defendant, her insurers or her insurer’s successors in title, reinsurers, their legal and professional advisers or to HM Revenue & Customs (or its successor) or any other person required by law.
Dated this 22nd day of March 2022.