Claim Number: QB-2022-Man-000145
In The High Court Of Justice
King’s Bench Division
Manchester District Registry
26 June 2023
HHJ Sephton KC
(A Protected Party By His Mother And Litigation Friend KXY)
(1) Mr. Kelvin Curtis Todd
(2) Aviva Insurance Limited
BEFORE HHJ SEPHTON KC sitting as a Judge of the High Court at the Manchester Civil Justice Centre on the 26th June 2023
UPON HEARING Mr Marc Willems one of His Majesty’s Counsel, on behalf of the Claimant and Mr Christopher Kennedy one of His Majesty’s Counsel on behalf of the Defendants
AND UPON the Court noting the Second Defendant’s neutral stance in relation to the Claimant’s Application
WHEREAS the Claimant, a protected party who proceeds by his mother and Litigation Friend, has made a claim (the “Claim”) against the Defendants for personal injuries suffered by him arising out of the First Defendant’s negligence and for which the Second Defendant has a contingent Liability in the event of the Judgment against the First Defendant remaining for which the Second Defendant has a statutory liability in the event of a judgment being entered against the First Defendant
AND UPON the Claimant and the Defendants having agreed the terms set forth in the Approval Order of even date, which have been approved by the Court.
AND UPON consideration of:
(1) The Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(2) The principles set out in the Judgments of the Court of Appeal in JX MX v Dartford & Gravesham NHS Trust  EWCA Civ 96.
(3) The Defendants indicating its 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), the Court being satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
IT IS ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR Rules 5.4A to 5.4D and the CPR Rule 39.2:
- The identity of the Claimant in these proceedings is protected and shall not be disclosed.
- 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 any details that could lead to the identification of the Claimant. The Claimant and his litigation friend shall be referred to as set out at paragraph 3 of this anonymity Order.
- 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 “PXY” and the litigation friend as ‘KXY’;
(ii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
- 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.
- 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 Judge, Master or District Judge of the King’s Bench Division.’
- The Court’s paper and digital files are to be retained by the Court and marked “Anonymised”.
- 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 14 days’ notice to the Claimant’s Solicitor and the Court will effect service.
- That reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the publication of the name and address of the Claimant or any member of the Claimant’s immediate family.
- The provisions of this Order shall not apply:-
a) To communications between the Court Funds Office and the anonymised party, his deputy or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b) To communications between the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution concerned as to the receipt or investment of such money; or
c) To records kept by the Court Funds Office or the anonymised party, his Deputy or the Litigation Friend or any such financial institution in relation to such money.
- The Claimant do by 26th June 2023 draw up and file this Order and serve the same upon the Second Defendant.
- A copy of this Order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as PXY.
- 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 14 days’ prior notice of the intention to make such an application is given.
DATED this 26th day of June 2023