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OPQ (a Protected Party who sues by Litigation Friend, RST) -v- Edmond Bartlett (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

CLAIM NO: QB-2019-004538

In the High Court of Justice
Queen’s Bench Division

24 January 2020

Before:

The Honourable Mrs Justice Lambert

 

Between:

OPQ (a Protected Party who sues by Litigation Friend, RST)

-v-

Edmond Bartlett

 


ANONYMITY ORDER

BEFORE the Honourable Mrs Justice Lambert at the Royal Courts of Justice on 22 January 2020

WHEREAS the Claimant has made a claim against the Defendant for personal injuries arising from an accident of 9 August 2016 in respect of which application for approval of a proposed settlement has been made by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division
AND WHEREAS the Claimant is a Protected Party and brings the Claim by a Litigation Friend and is further a Protected Beneficiary for whom a Court of Protection Deputy has been appointed

UPON HEARING Counsel on behalf of the Claimant and Leading Counsel on behalf of the 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 and the Litigation Friend is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) and 39.2(5) 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

1. That the identity of neither the Claimant nor the Litigation Friend be disclosed.

2. That 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 the Claimant be described as “OPQ”, the Litigation Friend as “RST”.

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. That in so far as necessary, any statement of case or other document disclosing
the Claimant’s name or address or that of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.

5. That the original of any such document disclosing the name or address of the
Claimant or the Litigation Friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.

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 Litigation Friend, 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 Litigation Friend or of any member of the immediate family of either of them is prohibited.

8. The provisions of this Order shall not apply to communications between the
parties, their legal representatives and/or any person instructed to give legal or financial advice in relation to the claim until payment of all sums ordered in final settlement of the claim and legal costs.

9. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.

10. A copy of this Order shall be published on the website of the Judiciary of
England and Wales and in the published copy of the Order the Claimant shall be described as OPQ and the Litigation Friend as RST.

Dated 22 January 2020

IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION QB-2019-004538
OPQ (a Protected Party who sues by Litigation Friend, RST)
Claimant
-and.
EDMOND BARTLETT
Defendant

ORDER
Solicitors for the Claimant Barr Ellison sols 39 Parkside, Cambridge CB1 IPN Ref: 5806
Solicitors for the Defendant Horwich Farelly 4th Floor 77 Gracechurch St London EC3V OAS Ref: cjc 159663 697
c.c. Clerk of the Lists
If you have a query with this Order please contact Alan Harris on telephone no. 020 7947 6799 outside the I usual court sitting times of 10.30am to 1.00pm and 2.00pm to 4.30pm. Please address any correspondence to
the Queen’s Bench Associates’ Department, E. 104, The Royal Courts of Justice, Strand, London WC2A 2LL DX 44450 Strand.

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