RXM -v- The Home Office (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Case No: QB-2018-003357
In the High Court of Justice
King’s Bench Division
12 September 2022
RXM (represented by his Litigation Friend MP)
The Home Office
UPON the Claimant’s application dated 22 July 2022 for approval of a settlement and the Claimant’s application for anonymity dated 22 July 2022
AND UPON the Court noting that the Defendant adopts a neutral position on the anonymity application
AND UPON the Claimant’s Litigation Friend and the Defendant having agreed to the terms set out in clauses 6 to 9 herein
AND UPON the Parties noting that, the Claimant being a Protected Party, the settlement recorded in this agreement shall have no effect without the approval of the Court in accordance with CPR 21.10 (1)
AND UPON the Claimant’s solicitors undertaking to hold the damages payable to the Claimant, pending directions from the Court of Protection (save that the costs of the application to the Court of Protection are to be met from the damages)
AND UPON the Claimant’s solicitors undertaking to the Court that an application will be made to the Court of Protection for a Deputy to be appointed as soon as reasonably practicable
IT IS HEREBY ORDERED
- That the identity of the Claimant as a party to these proceedings is confidential and shall not be published
- 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) that could lead to the identification of RXM as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order
- 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 “RXM”.
(ii) The Litigation Friend shall be referred to as “MP”.
(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
- That so far as the Claim Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs (i) and (ii) above, the Claimant’s solicitors have leave to file with the Court, copies of such document adjusted so as to comply therewith; such copies are to be
treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the leave of a Judge or Master of the Queen’s Bench Division”
- Permission that the Claim Form be amended to show the Claimant’s address as that of his solicitors
Approval, Further Directions and Costs
BY CONSENT IT IS ORDERED:
- Settlement of this claim in the sum of £106,534.00 is approved. The Claimant may accept that sum in settlement of this claim. The Defendant shall pay the said sum to the Claimant’s solicitors within 14 days of the date on which this Order is sealed.
- The litigation friend is to apply to the Court of Protection for the appointment of a Deputy. The reasonable legal and administrative costs of the application to the Court of Protection for the appointment of a Deputy are to be paid out of the sum at paragraph
- Upon the appointment of a Deputy the sum at paragraph 6, subject to a first charge under section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, shall be transferred immediately to the account of the Deputy there to be dealt with as a fund of a protected beneficiary.
- The Defendant is to pay the Claimant’s reasonable costs of these proceedings including, for the avoidance of doubt, the costs of and occasioned by the settlement hearing, on the standard basis, to be assessed if not agreed. Payment is to be made within 14 days of assessment or agreement as the case may be.
- There be detailed assessment of the Claimant’s publicly funded costs.
- Upon the Court approving the terms of the settlement, all further proceedings in this claim be stayed except for the purpose of carrying the terms of the agreement into effect AND for that purpose the parties have permission to apply without the need to issue fresh proceedings.
- The parties shall have liberty to apply for further directions.