STU -v- Byrnside (anonymity order)
Claim No: QB-2020-001985
In the High Court of Justice
Queen’s Bench Division
1 July 2020
Before:
Master Sullivan
Before:
STU
(a Protected Party by the Official Solicitor as Litigation Friend)
-v-
Richard Michael Byrnside
UPON a direction having been given that the proceedings are to be conducted as audio proceedings and it not being practicable for the hearing to be broadcast in a court building and the Court directing that the hearing must take place in private to secure the proper administration of justice pursuant to paragraph 2 of Practice Direction 51Y WHEREAS the Claimant is a Protected Party and brings the Claim by a Litigation Friend and the Claimant further is a Protected Beneficiary for whose benefit a Court of Protection Deputy has been appointed AND WHEREAS the Claimant by the Litigation Friend advanced a claim against the Defendant for personal injuries arising from an accident of 3 November 2006 AND WHEREAS the Claimant and the Defendant reached a proposed settlement in respect in respect of that claim before proceedings were issued
2
AND WHEREAS the Claimant by the Litigation Friend issued a Claim Form under CPR Part 8 on 10 June 2020 for the approval of the proposed settlement AND UPON HEARING Counsel for the Claimant and for the Defendant by telephone AND UPON READING the Opinion of Bernard Doherty of Counsel dated 19 June 2020 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 is necessary in order to protect the interests of the Claimant AND PURSUANT to rules 39.2(4) and 39.2(5) and rules 5.4C and 5.4D of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981
IT IS ORDERED
1. That the identity of the Claimant shall not 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 “STU”.
3. That the address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant is to be placed on the Court file marked “confidential not to be opened without the permission of a 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. The publication of the name and address of the Claimant or of any member of the immediate family of the Claimant is prohibited.
8. The provisions of this Order shall not apply:
a. to communications between the Court of Protection and/or the Claimant and/or the Litigation Friend 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 the Court of Protection and/or the Claimant and/or the Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court of Protection and/or the Claimant and/or the Litigation Friend or any such financial institution in relation to such money.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. 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 shall be described as STU.
11. Costs in the case.