TRTR -v- RSRS (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: KB-2022-MAN-000274

In The High Court Of Justice
King’s Bench Division
Manchester District Registry

15 December 2023

Before:
HHJ Bird

Between:
TRTR
-v-
RSRS

Anonymity Order

BEFORE HHJ Bird, sitting as a Judge of the High Co

WHEREAS the Claimant has brought these proceedings against the Defendant for personal injuries

AND WHEREAS the Claimant has the capacity to litigate but has compromised her claim on the basis of a provisional damages award that requires an Order from the Court

AND UPON the court determining that it is appropriate to deal with this matter without a hearing pursuant to CPR 23.8(1)

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 appearing that non-disclosure of the identity of the Defendant is necessary in order to protect the interests of the Claimant.
(4) The Defendant indicating its neutrality to the making of the order

AND PURSUANT to section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimant in these proceedings is protected and shall not be published.
  2. The identity of the Defendant in these proceedings is protected and shall not be published.
  3. 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 family, or any details that could lead to the identification of the Claimant.
  4. 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, or the Defendant’s family, or any details that could lead to the identification of the Defendant.
  5. The Claimant and the Defendant shall be referred to as set out at paragraph 6 of this Order.
  6. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (1) The Claimant shall be referred to as “TRTR”
    (2) The Defendant shall be referred to as “RSRS”
    (3) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) and/or the Defendant (including any names of other family members or addresses) shall be redacted before publication.
  7. 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) above.
    (2) 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 or Litigation Friend.
  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on the 15th December 2023 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
  2. 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, and that 7 days’ prior notice of the intention to make such an application is given.
  3. A copy of this order shall be published on the Judicial Website for that purpose, the Claimant will ensure that a copy of this order is sent by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  4. This order is mandatory. Breach of any part of this order may give rise to contempt proceedings. Even if an application has been made to vary or discharge any part of the order, the order must be complied with unless or until varied or discharged.
  5. Costs in the proceedings.

Dated: 15th December 2023