OM -v- TG & Ors (anonymity order)
Claim No. QB-2022-MAN-000085
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
Date: 09/06/2022
Before:
His Honour Judge Sephton QC
Between:
OM
(by his Father and Litigation Friend, AM)
-v-
(1) TG
(2) Acromas Insurance Company
(3) Motor Insurers’ Bureau
ANONYMITY ORDER
BEFORE His Honour Judge Sephton QC sitting as a Judge of the High Court at the Manchester District Registry, Queen’s Bench Division on 9th June 2022.
WHEREAS the Claimant has brought these proceedings against the Defendants claiming damages for personal injury and other losses suffered as a result of a road traffic incident on 29th August 2021.
AND UPON
(1) Consideration of the Claimant’s Article 8 right 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, the Litigation Friend and the First Defendant is necessary to protect the interests of the Claimant.
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4).
IT IS ORDERED THAT:
1. The identities of the Claimant, his father (the Claimant’s Litigation Friend) and the First Defendant in these proceedings are protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address or email address of the Claimant, the Claimant’s father and the First Defendant, or any details that could lead to the identification of the Claimant. The parties shall be referred to as set out at paragraph 3 of this anonymity Order.
3. In any report of these proceedings or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgement or Order in the proceedings in relation thereto:
i. The Claimant shall be referred to as “OM”;
ii. The Litigation Friend shall be referred to as “AM”;
iii. The First Defendant shall be referred to as “TG”;
iv. That the address of the Claimant and the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address for the Claimant’s solicitors.
v. Any other details liable to lead to the identification of the Claimant and/or his Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document redacting such name and address as above by 4pm on 23rd June 2022.
5. That the unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend or of the First Defendant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge of the High Court”.
6. That 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 the Court will effect service. The file is to be retained by the Court and marked ‘Anonymised’.
7. 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 and Litigation friend or First Defendant is prohibited.
8. The provisions of this Order shall not apply:-
(i) To communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to 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;
(ii) To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
(iii) To records kept by the Court Funds Office or the anonymised party or Litigation Friend or such financial institution in relation to such money.
9. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitor and that at least 7 days’ prior notice of the intention to make such an application is given
10. The Claimant shall file this Order and serve the same upon the Defendants.
DATED this 9th DAY OF JUNE 2022