TPX and JGX (interested party) -v- Krystyniak and another (anonymity order)
Claim Number: KB-2023-NCL-000003
In The High Court of Justice
King’s Bench Division
Newcastle Upon Tyne District Registry
10 March 2023
Before:
His Honour Judge Freedman
Between:
TPX
(A protected party by his Litigation Friend JGX)
-v-
(1) Mr Bartlomiej Krystyniak
(2) Motor Insurers Bureau
Anonymity Order
BEFORE His Honour Judge Freedman sitting at the High Court of Justice, Newcastle District Registry, Newcastle-upon-Tyne Civil & Family Courts and Tribunal Centre, Barras Bridge, Newcastle-upon-Tyne, Tyne & Wear, NE1 8QF.
UPON Hearing Mr Toby Coupe counsel for the Claimant and Mr Russell Dickinson counsel for the Second Defendant.
AND UPON the request of the Claimant.
WHEREAS the Claimant has made a claim (‘the Claim’) against the First and Second Defendant for personal injuries suffered by him arising out of the First Defendant’s negligence on 29 February 2020, and in respect of which Part 8 proceedings were commenced by the Claimant against both Defendants in the High Court on 13 January 2023.
AND WHEREAS the Claimant is a protected party and brings the Claim by his litigation friend, JGX.
AND UPON
(1) Consideration of the Claimant’s Article 8 rights 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 in order to protect the interests of the Claimant.
(3) It being noted that the First Defendant has played no active part in these proceedings or the approval hearing.
(4) The Second Defendant indicating its neutrality to the making of the Order and there being no representations from the press or any other interested party.
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.
EXCEPT the provisions of this Order shall not apply:-
(1) To communications between the Department for Work and Pensions and the Second Defendant’s solicitors / Motor Insurers Bureau concerned with administering and discharging the outstanding recoverable benefits and NHS charges.
IT IS ORDERED that:-
- The identity of the Claimant and his Litigation Friend in these proceedings is protected and shall not be published.
- Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s Litigation Friend, or any details that could lead to the identification of the Claimant. 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:
(1) The Claimant shall be referred to as “TPX”.
(2) The Litigation Friend shall be referred to as “JGX”.
(3) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(1) 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 in accordance with subparagraphs 3 (1) to 3 (3) above.
(2) If a person who is not a party to the proceedings applies (pursuant to CPR Rule 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 or Deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10th March 2023 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.”
- Any interested party, 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, and that 7 days’ prior notice of the intention to make such an application is given.
- 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.
- The costs of obtaining this order be costs in the case.
DATED this 10 day of March 2023.