RST and UVW -v- Jhalli and another (anonymity order)

High CourtQueen's Bench DivisionAnonymity Order

Claim No: QB-2020-003707

In the High Court of Justice
Queen’s Bench Division

25 October 2022

Before:
Anthony Metzer KC

Between:
RST
(A Protected Party by a Litigation Friend, UVW)
-v-
(1) Talvinder Jhalli
(2) Admiral Insurance Company Limited

Anonymity Order

Before Anthony Metzer KC Sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 25 October 2022 with the hearing conducted remotely by Microsoft Teams

UPON HEARING Counsel for the Claimant and Counsel for the Defendants

UPON READING the Advice on Settlement of Claimant’s Counsel dated 18 October 2022

AND WHEREAS the Claimant is a Protected Party and brings a claim by a Litigation Friend

AND UPON the parties having reached terms of settlement of this claim subject to the approval of the Court pursuant to CPR 21.10

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 IT APPEARING that non-disclosure of the identity of the Claimant and of the Litigation Friend is necessary in order to protect the interests of the Claimant

AND PURSUANT to Rule 39.2 (4) and 39.2 (5) of the Civil Procedure Rules and Section 11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules

IT IS ORDERED

  1. That the identity of neither the Claimant nor the Litigation Friend shall be disclosed.
  2. That 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 the Claimant be described as “RST” and the Litigation Friend as “UVW.”
  3. That the address of the Claimant and the Litigation Friend be stated in all statements of case and other documents be filed or served in the proceedings as the address of the Claimant’s Solicitors.
  4. That in so far as is necessary, any statements of case or other documents disclosing the name or address of the Claimant or Litigation Friend already filed in the proceedings be replaced by documents describing such name or address in anonymised form as above.
  5. That the original of any such documents disclosing the name or address of the Claimant or the Litigation Friend is to be placed on the Court file marked “Not To Be Opened Without Permission of the Judge, Master or District Judge of the Queen’s Bench Division”.
  6. That 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 must be made on notice to the Claimant and Litigation Friend, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised.”
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and the address of the Claimant, any other member of the immediate family of the Claimant, or the Litigation Friend is prohibited.
  8. That the provisions of this Order shall not apply:

a. to communications between the Claimant and/or the Litigation Friend and/or the donee of a lasting power of attorney for property and financial affairs and/or the trustee(s) of any personal injury trust of which the Claimant is a beneficiary in relation to the payment of money for the benefit of the Claimant or the investment or treatment of or payment out of such money;
b. to communications between any of the persons identified at paragraph 8a. above and any financial institution concerned as to the receipt or investment of such money;
c. to records kept by any of the persons identified at paragraph 8a. or any such financial institution referred to at paragraph 8b. in relation to such money; or
d. retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.

  1. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  2. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant be described as “RST” and the Litigation Friend as “UVW.”
  3. Costs in the case.