PNY -v- Motor Insurers Bureau (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: M00KH028

In the High Court of Justice
King’s Bench Division
Kingston-upon-Hull District Registry

14 February 2025

Before:

Mr Justice Cotter

Between:

PNY (a child by is mother and Litigation Friend BGY)

-v-

Motor Insurers Bureau

Order

Before Mr Justice Cotter sitting at Kingston-upon-Hull District Registry, Combined Court Centre, Lowgate, Kingston Upon Hull, HU1 2EZ.

Upon Hearing Counsel for the Claimant and Counsel for the Defendant.

AND UPON
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, (and in particular having regards to the potential impact upon the Claimant’s education/friendships) and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant and of his Litigation Friend until the age of 18 is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) There being no representations from the press or any other interested party.

AND UPON the Defendant indicating its neutrality to the making of this order

WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public, save that it shall not cover any existing publication as at the date of the hearing on 6 February 2025.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1)above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. Up to/before 30th June 2028
    (a) The identity of the Claimant and of the Claimant’s Litigation Friend as parties to these civil proceedings shall not be published.
    (b) Pursuant to s.39 of the Children & Young Persons Act 1933 (and subject to that section) no report of the Public Judgment in this case may contain: (a) the name, address or school of the Claimant; (b) the name of address of the Claimant’s Litigation Friend; (c) any particulars calculated to lead to the identification of the Claimant or the Claimant’s Litigation Friend and/or (d) a picture that is or includes any picture of the Claimant or the Claimant’s Litigation Friend.
    (c) In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as PNY.
    (ii) The Claimant’s Litigation Friend shall be referred to as BGY;
    (iii) Any details Claimant’s address or school or of the address of the Claimant’s Litigation Friend shall be redacted before publication.
    (d) Pursuant to CPR Rules 5.4C(4):
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) 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 trustee.
  2. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 20 February 2025 , and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  3. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6 February 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  4. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  5. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  6. The costs of obtaining this order be costs in the case.