OL -v- Lewis Paul Folwell and the Motor Insurers’ Bureau (anonymity order)
Case No: F90SE029
In the High Court of Justice
Queen’s Bench Division
10 September 2021
District Judge Batchelor
OL (a protected party proceeding by the Litigation Friend WS)
Lewis Paul Folwell
Motor Insurers’ Bureau
Before District Judge Batchelor sitting at Sheffield District Registry, The Law Courts, 50 West Bar, Sheffield, S3 8PH.
UPON HEARING from legal representatives for the Claimant and the Second Defendant
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
IT IS ORDERED THAT
l. The identity of the Claimant and of the litigation friend be not disclosed.
2. 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 “OL” and “WS”.
3. That the address of the Claimant and of the litigation friend 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.
4. So far as the Claim Form, or any judgment 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 open without permission of a Judge or District Judge of the Queen’s Bench division.
5. That 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 and redacted so as to prevent identification of the Claimant) without the permission of a Judge. Any application for such permission 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”.
6. 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 any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
7. The provisions of this Order shall no apply:
i) To communications between the anonymised party, his solicitor or Trustee and any financial institution concerned as to the receipt or investment of such money; and,
ii) To records kept by the anonymised party, his solicitor or Trustee or any such financial institution in relation to such money.
8.That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.