Mr RPX -v- Ms Hollie Barker (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: G90MA388

In the High Court of Justice
King’s Bench Division
Manchester District Registry

23 September 2022

Before:

His Honour Judge Sephton KC

Between:

Mr RPX

(A protected party proceeding by his mother and Litigation Friend RBX) 

-v-

Ms Hollie Barker


ORDER

Before His Honour Judge Sephton KC sitting as a Judge of the High Court pursuant to Section 9(1) of the Senior Courts Act 1981hearing the matter in the Manchester Civil Justice Centre on 22nd September 2022.   

UPON hearing from Mr Matthew Snarr, Counsel for the Claimant, and Andrew Lewis KC Counsel for the Defendant.

AND UPON

  • Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
  • It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
  • 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 rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.

IT IS ORDERED THAT:

  1. The identity of the Claimant and of the Litigation Friend to these proceedings is protected and shall not be published.
  1. 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 Claimant, the Claimant’s Litigation Friend 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 “RPX” as the Claimant in these proceedings.  The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  1. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:

(i)                 The Claimant shall be referred to as “[RPX]”.

(ii)               The Litigation Friend shall be referred to as “[RBX]”.

(iii)             Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

  1. So far as the Claim Form, or any judgement or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have leave to file with the Court copies of such document adjusted so as to comply therein.  Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the Court in a sealed envelope marked; ‘not to be opened without permission of a Judge or District Judge of the Queen’s Bench division’.
  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
  1. Pursuant to CPR Rules 5.4C and 5.4D:

(i)          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(1B) 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 Claimant’s solicitor, trustee or deputy.

  1. 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.
  1. The provisions of this Order shall not apply
  1.             To communications between the anonymised party, his solicitor or Deputy and any financial institution concerned as to the receipt or investment of such money; and,
  2. To records kept by the anonymised party, his solicitor or Deputy or any such financial institution in relation to such money.
  3. Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
  4. Communications between the Defendant, its legal advisors, the Defendant’s reinsurers and/or the Compensation Recovery Unit.
  1. 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 notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  1. Pursuant to the ‘Practice Guidance:  Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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.
  1. The costs of obtaining this order be costs in the case.