ST -v- QRS (anonymity order)
Claim No: QB-2022-000506
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Dated: 09/03/2022
Before:
Master Gidden
Between:
ST (a protected party by his Litigation Friend CT)
-v-
QRS
ORDER
UPON HEARING Counsel for the Claimant and Leading Counsel for Aviva Insurance
Limited as an interested party by telephone on 9 March 2022
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.
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the
terms below is necessary to protect the interests of the Claimant who is a protected
party and there is no sufficient countervailing public interest in disclosure
PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the
Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2
IT IS ORDERED THAT:
1. The identities of the Claimant, Litigation Friend and the Defendant in these
proceedings are protected and shall not be published.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 of the Defendant, the Claimant, or the
Claimant’s family or any details that could lead to the identification of the
Claimant. The Claimant, the Litigation Friend and the 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:
a. The Claimant shall be referred to as “ST”
b. The Litigation Friend shall be referred to as “CT”
c. The Defendant shall be referred to as “QRS”
4. Any other details liable to lead to the identification of the Defendant, the
Litigation Friend and/or the Claimant (including any names of other family
members or addresses) shall be redacted before publication.
5. Pursuant to CPR Rules 5.4C and 5.4D:
a. 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 and redacted
in accordance with subparagraphs 3(a) to (c) above.
b. In the event of anonymised or redacted documents being needed to
facilitate access to documents from the court records in accordance with
paragraph 4(a) of this Order, the Claimant shall cooperate with the Court
in the supply of suitably edited documents.
c. 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.
6. The Court file shall be clearly marked with the words, “An anonymity order was
made in this case on 9 March 2022 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 person, whether or not a party to the proceedings, may apply to the Court
to vary or discharge this Order, providing that any such application is made on
notice to the Claimant’s Solicitor or Deputy, after having given them 7 days’
prior notice of the intention to make such an application.
8. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the Claimant, his
Deputy or Litigation Friend in relation to the payment of money into the
Court Funds Office for the benefit of the Claimant or the investment or
treatment of payment out of such money;
b. to communications between the Court Funds Office and/or the Claimant,
his Deputy or Litigation Friend and any financial institution concerned as
to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the Claimant, his Deputy or
Litigation Friend or any such financial institution in relation to such
money;
d. as required by law or by any court or authority of competent jurisdiction;
and/or
e. as between the parties, to include for these purposes Aviva Insurance
Limited, and their management, legal advisers, insurers, insurance
brokers, reinsurers, accountants, auditors and/or other professional
advisers.
9. Any person, whether or not a party to the proceedings, may apply to the Court
to vary or discharge this Order, providing that any such application is made on
notice to the Claimant’s Solicitor or Deputy, after having given them 7 days’
prior notice of the intention to make such an application.
10. A copy of this Order shall be published on the Courts and Tribunals Judiciary
Website specifying that the Claimant shall be referred to as “ST”, the Litigation
Friend shall be referred to as “CT” and the Defendant shall be referred to as
“QRS”.