PQR -v- Equity Syndicate Management Limited (anonymity order published under CPR 39.2(5)
Claim No: HQ18P02608
In the High Court of Justice
Queen’s Bench Division
25 June 2019
Mr Justice Kerr
(by his litigation friend STU)
Equity Syndicate Management Limited
BEFORE MR JUSTICE KERR at the Royal Courts of Justice on 25 June 2019
WHEREAS the Claimant has made a claim against the Defendant for personal injuries arising from an accident of 13 November 2009 caused by the negligence of Mrs Maureen Williams in respect of which proceedings were commenced by the Claimant in the High Court of Justice, Queen’s Bench Division, Cambridge District Registry under Claim Number AOOCB436 on 28 February 2014
AND WHEREAS those proceedings were transferred to the Queen’s Bench Division, Royal Courts of Justice, London by an order made on 9 May 2018 and dated 27 June 2018 following which the proceedings were given the claim number HQ18P02608
AND WHEREAS the Claimant is a Child and brings the Claim by his Litigation Friend
AND WHEREAS when the Claimant becomes an adult he will lack capacity to manage his own financial affairs and will be a Protected Beneficiary
UPON HEARING Leading Counsel and Counsel on behalf of the Claimant and 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 Il 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 “PQR” and the Litigation Friend as “STU”.
3. That the address of the Claimant or 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:
a. to communications between the Court Funds Office and the Claimant or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the Claimant or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office and/or the Claimant or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the Claimant or Litigation Friend or any such financial institution in relation to such money;
d. to communications between the claimant or Litigation Friend or the Claimant’s Deputy and the Defence insurer, Equity Syndicate Management Limited, or any successor to their liabilities under the Periodical Payment element of the Order, and communications between Equity Syndicate Management Limited or any successor to their liabilities and any proposed successor to their liabilities or reinsurer, or between any of them and any medical practitioner appointed to report upon the Claimant for the purposes of the Order, where the same are for the purposes of the administration and payment of the proposed Periodical Payment Order.
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 PQR and the Litigation Friend as STU.
11. Costs in the case.
Dated 25 June 2019