PXH and JXH (interested party) -v- Dempsey and others (anonymity order)
Case Number: KB-2023-LIV-000072
In The High Court Of Justice
King’s Bench Division
Liverpool District Registry
01 February 2024
Before:
HHJ Howells
Between:
PXH (Protected Party By His LF JXH)
-v-
(1) Owen Dempsey,
(2) Alwyn Insurance Company Limited
(3) Watford Insurance Company Europe Limited
(4) Calpe Insurance Company Limited
Anonymity Order
BEFORE HHJ Howells, sitting as a Judge of The High Court of Justice, Liverpool District Registry pursuant to s9(1) Senior Courts Act 1981.
UPON hearing Counsel for the Claimant and Counsel for the Second, Third and Fourth Defendant in open Court via MS Teams.
UPON there being no members of the press requesting to make any representation whether orally in writing.
UPON CONSIDERING the application of the Claimant’s Solicitor dated 15th January 2024.
AND UPON the Claimant having commenced a claim for damages for catastrophic personal injuries arising out of a road traffic accident which occurred on 26th September 2019 by Claim Form dated 20 September 2023.
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 the Court being satisfied, pursuant to CPR 39.2(4) that an order for non- disclosure of the identity of the Claimant or his litigation friend in the terms below is necessary in order to protect the interests of the Claimant and his litigation friend and there is no sufficient countervailing public interest in disclosure.
AND UPON the Court considering it is in the interests of the administration of justice to make such an order.
IT IS ORDERED that:
Pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
- The identity and address of the Claimant or that of his Litigation Friend shall not be disclosed.
- The Claimant shall be described 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 as “PXH”. Insofar as may be necessary, the name of the Claimant’s Litigation Friend shall be described 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 as “JXH”.
- The address of the Claimant and the Litigation Friend shall 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.
- Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant or of the Claimant’s original Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
- The original of any such document disclosing the name or address of the Claimant or of the Claimant’s original Litigation Friend is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division” or any document filed on the CE filing system disclosing the name or address of the Claimant or of the Claimant’s original Litigation Friend shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
- 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 shall be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Claimant’s original Litigation Friend is prohibited.
- The provisions of this Order shall not apply:
a. To communications between the Court Funds Office and the anonymised party in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment or payment out of such money;
b. To communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money;
c. To records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money. - The provisions of this Order shall not prohibit the Defendant from disclosing the Claimant’s name, address or any other information tending to identify him to their legal and professional advisers, re-insurers or to HM Revenue & Customs (or its successor) or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant, save and except that no such disclosure shall be in a form which allows the Claimant or her original Litigation Friend to be identified.
- The Claimant shall serve a copy of this Order on the First Defendant within 2 working days of receipt of approval from the Court.
- The Defendant may apply under CPR 23.10 to have this Order set aside or varied.
- 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.
- Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.
- Costs in the case.