MXM -v- LXL and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim no : KB-2023-MAN-000413

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

10 September 2024

MXM
(A Protected Party by her Litigation friend DXD)

-v-

(1) LXL

(2) EUI Limited

………………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

………………………………………………………………………………………………………………………………………………………………………………………………

AND UPON HEARING Sarah Pritchard KC for the Claimant and Sadie Crapper for the Defendant

WHEREAS the Claimant has made a claim against the First and Second Defendant for personal injury, loss and damage suffered by her arising out of a road traffic accident which took place on 1st March 2021, and in respect of which proceedings were commenced by the First Claimant in the High Court of Justice King’s Bench Division on 21st December 2023 (“the Claim”)

AND WHEREAS the Claimant is a protected party and she brings this claim by her grandmother and Litigation Friend, DXD

AND UPON

(1) 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.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Second 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 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:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. 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 Claimant, the Claimant’s Litigation Friend and the First Defendant 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 the Claimant in these proceedings. The Claimant, the Claimant’s Litigation Friend and First Defendant shall be referred to as set out at paragraph 3 of this Order.
  3. 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 “MXM”.
    (ii) The First Defendant shall be referred to as “LXL”
    (iii) The Litigation Friend shall be referred to as “DXD”
    (iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. 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 (iv) 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.
  5. The Claimant’s solicitor shall by no later than 11th October 2024 file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10th September 2024 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.”
  7. 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 Claimant’s solicitor, trustee or deputy.
  8. 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.
  9. The costs of obtaining this order be costs in the case.

DATED 10 September 2024

THE CLAIMANT IS REQUIRED TO SERVE THIS ORDER UON ALL PARTIES