SDN -v- RYJ and Markerstudy Insurance Services Ltd (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2018-005089

In the High Court of Justice
King’s Bench Division

4 March 2024

Before:
Master Davison

Between:

SDN (A Protected Party Proceeding by his Litigation Friend AGT)

-v-

(1) RYJ

(2) Markerstudy Insurance Services Ltd

Anonymity Order

BEFORE MASTER DAVISON sitting at the Royal Courts of Justice on 4 March 2024

UPON HEARING Counsel for the Claimant and Counsel for the Defendants

AND UPON :
(1) Consideration of the Article 8 rights of the claimant and his Litigation Friend and the First
Defendant to respect for private and family life, and the Article 10 right to freedom of
expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper
administration of justice and in order to protect the interests of the claimant and his Litigation
Friend and the first Defendant and that there is no sufficient countervailing public interest in
disclosure.
(3) There being no representations from the press or any other interested party.

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.

IT IS ORDERED BY CONSENT THAT

  1. The identities of the Claimant, his Litigation Friend and the First Defendant as parties to these
    proceedings is confidential and shall not be published.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 the
    First Defendant 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 the
    Claimant, his Litigation Friend or the First Defendant in these proceedings. The Claimant, his
    Litigation Friend and the First Defendant 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 “SDN”
    (ii) The Litigation Friend shall be referred to as “AGT”
    (iii) The First Defendant shall be referred to as “RYJ”
    (iv) 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 25 March 2024 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 4 March 2024 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 costs of obtaining this order be costs in the case.

DATED 4 March 2024