In the High Court of Justice
Queen’s Bench Division
24 August 2020
MXA (A Protected Party Proceeding By His Father
And Litigatio Friend, JXA)
Niyazi Merza Amin, 2. Liverpool Victoria Insurance
UPON HEARING Leading Counsel for the Claimant, Ms Elizabeth-Anne Gumbel QC and Counsel for the Defendant Mr Brian McCluggage
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application.
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant who is a protected party and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2
(1) That the identity of the Claimant and Litigation Friend shall not be revealed and to protect their identity the identity of the Claimant.
(2) 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 “MXA”. Likewise, the Litigation Friend shall be referred to as “JXA”.
(3) That 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 judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “MXA” and JXA” respectively.
(4) A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or 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 Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C
(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
(5) 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.
(6) The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party, his Deputy 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;
b. to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
(7) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(8) A copy of this Order shall be published on the Courts and Tribunals Judiciary Website specifying that the Claimant shall be referred to as “MXA” and the Litigation Friend shall be referred to as “JXA”
(9) Costs in the case