RC -v- SMW Architects Ltd and others (anonymity order)
Claim number: KB-2025-MAN-000095
In the High Court of Justice
King’s Bench Division
Manchester District Registry
11 April 2025
Before:
His Honour Judge Bird
Between:
“RC” (a protected party by her Litigation Friend “RG”)
-v-
SMW Architects Ltd
Chubb European Group SE
OTIS Limited
Delta Balustrades Limited
Order
BEFORE His Honour Judge Bird sitting as a Judge of the High Court, King’s Bench Division at the Manchester District Registry on 11 April 2025
UPON HEARING Leading Counsel for the Claimant and Counsel for the Defendants;
AND UPON considering the Claimant’s application for an Anonymity Order in these Proceedings;
AND UPON:-
(1) Consideration of the Article 8 rights of respect for private and family life, and the Article 10 rights to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant and her Litigation Friend Defendant 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.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
WARNING: you must comply with the terms imposed upon you by this Order: otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the Court before any deadline imposed upon you expires.
IT IS ORDERED THAT:
1. The identity of the Claimant and her Litigation Friend is confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members or any details (including other names, addresses, or a specific combination of facts, which include the location and circumstances of the accident) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. 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 “RC”
ii) The Litigation Friend shall be referred to as “RG”.
iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(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, trustee or deputy.
5. 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 9th May 2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 11th April 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.”
7. 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.
8. 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
9. The terms of this Order do not apply to communications between the Defendants, their insurers and reinsurers, their legal and professional advisers and representatives, to HM Revenue and Customs, to the DWP, to the Compensation Recovery Unit, within, between and to the successors or successors in title of any of the aforesaid, or to any other person required by law.
10. The Defendants, their representatives, and their advisers may retain their unredacted files for the purposes of any continuing functions and obligations in relation to the proceedings.
11. The costs of obtaining this order shall be no order as to costs.