RR and GR (interested party) -v- IK (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2022-LIV-000018
In The High Court Of Justice
King’s Bench Division
Liverpool District Registry
15 February 2023
Her Honour Judge Howells
(A protected party, who proceeds by her father and Litigation Friend, GR)
BEFORE HER HONOUR JUDGE HOWELLS sitting at the Liverpool District Registry section 9 as a Deputy Judge of the High Court.
UPON HEARING Mr Richard Hartley, one of His Majesty’s Counsel, on behalf of the Claimant and Mr Timothy Horlock, one of His Majesty’s Counsel, on behalf of the Defendants.
WHEREAS the Claimant, a protected party who proceeds by her father GR as her Litigation Friend, has made a claim (the “Claim”) against the Defendants for personal injuries suffered by her arising out of the Defendants’ negligence.
AND UPON noting that the Claimant has judgment for an amount to be decided and costs.
AND UPON noting the existence of parallel proceedings in the Court of Protection wherein various orders have been made to protect the identity of the Claimant and her family.
a) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
b) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
c) The Defendants indicating their 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).
IT IS ORDERED THAT:
1) The identity of the Claimant in these proceedings is protected and shall not be published.
2) 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 shall be referred to as set out at paragraph 3 of this anonymity Order.
3) 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.
4) The Claimant shall be referred to as “RR”.
5) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses or their nationalities) shall be redacted before publication and they may be referred to only by their first and last initials;
6) The location of the area where the Claimant resides may not be identified as being other than “the North of England”.
7) 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.
8) That the unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend or of the Defendants 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.”
9) 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 7 days’ notice to the Claimant’s Solicitor and the Court will effect service.
10) 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 7 days’ prior notice of the intention to make such an application is given.
11) Any document or correspondence filed with the Court by CE Filing must be marked confidential.
12) 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 email@example.com.
Given this 15th day of February 2023.