Claim No: G90MA392
In the High Court of Justice
Queen’s Bench Division
Manchester District Registry
7 April 2022
His Honour Judge Sephton
PCS (A protected party by her litigation friend HPD)
BEFORE His Honour Judge Sephton sitting at the Manchester Civil Justice Centre on 7th April 2022
WHEREAS the Claimant, PCS who proceeds by her Litigation Friend, has made a claim (the “Claim”) against the Defendants for personal injuries suffered by her on 06 June 2016 arising out of the Defendant’s alleged negligence.
AND WHEREAS the Claimant commenced proceedings in the High Court in December 2020 seeking damages and by a Defence served both the Defendant liability was admitted but allegations of contributory fault made against the Claimant.
AND WHEREAS the court had directed that a trial of the preliminary issue of contributory fault should be tried before any issues as to quantum
AND WHEREAS the parties have met and have held without prejudice discussions that have led to a settlement of all issues relating to liability and quantum, subject to the approval of the court.
AND UPON the Claimant and the Defendants having agreed the terms to be embodied in the Order of the 07 April 2022, and approval of the same is sought from the Court.
UPON HEARING Mr Winston Hunter, one of Her Majesty’s Counsel, on behalf of the Claimant and Jonathan Grace, Counsel, on behalf of the Defendant.
(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 and the Litigation Friend is necessary in order to protect the interests of the Claimant.
(3) The Defendant indicating his neutrality to the making of the order and there being no representations from the press or any other interested party.
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 The identities of the Claimant and the Litigation Friend in these proceedings are protected and shall not be published.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, or the Claimant’s litigation friend, 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 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 Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “PCS”;
(ii) The Litigation Friend shall be referred to as “HPD”;
(iii) Any other details liable to lead to the identification of the Claimant and/or the 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 or address as above.
5. That the unredacted original of any such document disclosing the name or address of the Claimant or of 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 District Judge of the Court.
6. Pursuant to CPR Rule 5.4C:
(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 paragraphs 3 and 4 above;
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rules 5.4C (1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor and the Court will effect service.
7. 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.
8. 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 be described as “PCS” and the Litigation Friend as “HPD”.
DATED this 07 DAY OF APRIL 2022