PA -v- Arrow Recycling Limited (anonymity order)
Claim No: F90BM075
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY
Date: 02/03/2022
Before:
Between:
PA
(A Protected Person by his Litigation Friend
FS )
-v-
Arrow Recycling Limited
ANONYMITY ORDER
Before HHJ Kelly sitting remotely by Microsoft Teams in the High Court of Justice, Queen’s Bench Division, Birmingham District Registry on 2nd March 2022
Upon hearing Leading Counsel for the Claimant and Counsel for the Defendant;
And upon the Court noting that no application has been filed for anonymity but that the Claimant does not resist such an Order and the Defendant is neutral as to such an Order
And upon consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression
And upon the Court being satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and his family and that there is no countervailing public interest in disclosure
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and Rule 5.4A to 5.4D and Rule 39.2(4) of the Civil Procedure Rules
IT IS ORDERED THAT:-
1. The identity of the Claimant in these proceedings is protected and shall not be
published.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 of the Claimant, or the Claimant’s wife, or any
details that could lead to the identification of the Claimant. The Claimant and the
Litigation Friend 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:
(1) The Claimant shall be referred to as “PA”;
(2) The Litigation Friend shall be referred to as “FS”.
(3) Any other details liable to lead to the identification of the Claimant (including any
names of other family members or 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 obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(1) to (3) 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 or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 2 March 2022 and any application by a non-party to inspect or obtain any copy document from this file must be dealt with in accordance with the terms of that Order.”
6. Any interested party, whether or not a party to the proceedings, may apply to the
Court to vary or discharge this Order, providing that any such application is made on
notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
7. Nothing in paragraphs 1 to 6 above shall prohibit the Claimant’s Solicitor or Deputy, nor the Defendant, from disclosing the Claimant’s name, address or any information tending to identify him to their insurers, reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.
8. Costs in the case.