Wai-Man Norman Lam -v- Hayden Brown and UK Insurance Limited (T/A Privilege Insurance) (anonymity order)
Claim No.: QB-2021-003282
In the High Court of Justice
Queen’s Bench Division
31 August 2021
Before:
Master Dagnall
Between:
Wai-Man Norman Lam
-v-
Hayden Brown
UK Insurance Limited (T/A Privilege Insurance)
ORDER
UPON READING an application notice by the Claimant dated 26 August 2021 and the evidence in support.
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 date of birth and address of the Claimant is necessary in order to protect the interests of the Claimant and to secure the interests of the administration of justice; but that no application is being made to have the name of the Claimant anonymised
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and section 6 of the Human Rights Act 1998 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:-
1. That the date of birth and address of the Claimant, and any other information that may make him traceable, be not disclosed.
2. That there shall be no publication, whether in electronic format or hard print, of the address of the Claimant or his family, or of any particulars of the case likely to lead to the identification of their address.
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 date of birth, address, or any other information making this information identifiable already filed in the proceedings be redacted.
5. That the original of any such document disclosing the date of birth or address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
6. That any person, and whether or not a party to this action, may not inspect or obtain a copy of any document on or from the Court file disclosing the date of birth or address of the Claimant and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
7. That the First Defendant is not served with any supporting evidence in the Claim (other than orders and pleadings), save in the event that he requests any such documentation.
8. In the event of such a request as is referred to in paragraph 7 above:
(a) The party to whom the request is made shall provide the requested documents with 14 days thereof.
(b) Such documents will be redacted for service on the First Defendant to remove the date of birth and address of the Claimant, or of any particulars of the case likely to lead to the identification of his address.
9. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant’s date of birth and address. The publication of the date of birth and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
10.That the Claimant serve this Order upon the Defendants within seven days of receiving the sealed copy (unless the Claimant first seeks to apply to have this order set aside or varied).
11.That the Claimant do comply with rule 23.9(2) by service on the Defendants.
12.That the Claimant and the Defendants have permission to apply (both under rule 23.10 and generally) to have this Order set aside or varied.
13.That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
14.That nothing in this Order shall prevent or restrict the disclosure or reporting of the name of the Claimant.
15.This Order shall be reconsidered at the first hearing in this Claim.
16.A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant’s date of birth and address are to be anonymised and are not to be reported.
17.Costs reserved.