PXA (A Protected Party by his Litigation Friend PXB) -v- Caretech Community Services Limited (anonymity order)
Claim No: QB-2020-003922
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
08/12/2021
Before:
Master Eastman
Between:
PXA
(A Protected Party by his Litigation Friend PXB)
-v-
Caretech Community Services Limited
ORDER
UPON a Costs and Case Management Conference before Master Sullivan on 8
December 2021
AND UPON hearing Harriet Jerram, counsel for the Claimant, and Robert Cumming,
counsel for the Defendant
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 IT APPEARING that the case is likely to attract publicity and that
revealing the identity of the Claimant is likely to unfairly damage the interests of the
Claimant or those of his family members and that, accordingly, publication of details
revealing the Claimant’s identity and/or details of his immediate family ought to be
prohibited.
AND PURSUANT to s6 Human Rights Act 1998, s11 Contempt of Court Act 1981
and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED that:
1. There be substituted for all purposes of this case, in place of references to the
Claimant by name, and whether orally or in writing, references to the letters PXA,
and to the Claimant’s mother and Litigation Friend, the letters PXB.
2. To the extent necessary to protect the Claimant’s identity, any other references,
whether to persons or places or otherwise, be adjusted appropriately, with
permission to the parties to apply in default of agreement as to the manner of such
adjustments.
3. Provided that the parties and/or their advisers do not publish any documents
containing references to the Claimant or his litigation friend by name the parties
be at liberty to retain their files in this case without alteration or substitution and to
retain and generate internal documentation which identifies the Claimant and the
litigation friend for the purposes of the litigation.
4. So far as the Claim Form, or any Judgment or Order, or any other document to
which anyone might have access pursuant to CPR Rule 5.4A-D at any time does
not comply with the above, the Claimant’s solicitor has leave to file with the Court
copies of such document adjusted so as to comply therein. Such copies are to be
treated for all purposes as being in substitution for the relevant originals; and the
originals are then to be retained by the Court marked: “Confidential”.
5. A non-party may not inspect or obtain the copy of any document from the court file
(other than this order – duly anonymised as directed) without the permission of a
Master. Any application for such permission must be made on notice to the
Claimant. Such file is to be retained by the court and marked “Anonymised”.
6. A non-party may not obtain any copy statement of case or other document from
the court file unless it has been edited (anonymised) in accordance with this
direction.
7. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant or his family.
8. Any non-party affected by this order may apply on notice to set aside or vary this
order.
9. A copy of this order is to be published on the Courts of England and Wales
website.