TXB and others -v- Martelli and another (anonymity order)

King's Bench DivisionAnonymity Order

In the High Court of Justice
King’s Bench Division

17 March 2023

Before:

Deputy High Court Judge James Healy-Pratt

Between:

TXB (By her litigation friend AZF)
AZF

-v-

Jerome Martelli
Aviva Insurance Limited

Anonymity Order

BEFORE James Healy-Pratt sitting as a Deputy Judge of the High Court in the Royal Courts of Justice on 17 March 2023.


AND UPON consideration of the First Claimant and of the Second Claimant and Litigation Friend’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 First Claimant and of the Second Claimant and Litigation Friend is necessary in order to protect their interests and that there is no sufficient countervailing public interest in disclosure.


AND UPON the Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.


AND PURSUANT to section 6 of the Human Rights Act 1998, section II of the Contempt of Court Act 1981, and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.


WHEREAS the Claimants have made a claim (the “Claim”) against the Defendant for personal injuries suffered following a road traffic accident and in respect of which proceedings were commenced by the Claimants against the Defendant in the High Court of Justice, Queen’s Bench Division.


AND WHEREAS the First Claimant is a Protected Party and brings the Claim by her daughter and Litigation Friend, AZF, who is also the Second Claimant in this action.

It is ordered: –

  1. That the identity of the First Claimant and of the Second Claimant and Litigation Friend be not published.
  2. That the First Claimant and of the Second Claimant and Litigation Friend be described 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 as “TXB” and “AZF”.
  3. That the address of the First Claimant and of the Second Claimant and Litigation Friend 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. 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 2 above by 7 April 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being made.
  5. That the original of any such document disclosing the name or address of the First Claimant and of the Second Claimant and Litigation Friend 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 King’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 First Claimant and of the Second Claimant and Litigation Friend, and the Court will effect service. This 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 First Claimant and of the Second Claimant and Litigation Friend. The publication of the name and address of the First Claimant or any member of the First Claimant’s immediate family or the name and address of the Second Claimant and Litigation Friend is prohibited.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the Claimant shall be referred to as “TXB” and the litigation friend as “AZF”.
  10. Costs in the case