WRL -v- Ricky Avo (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: K90SA013

In the High Court of Justice
King’s Bench Division
Swansea District Registry
The Honourable Mr Justice Pepperall sitting at Cardiff Civil Justice Centre

5 December 2024

Before:

The Honourable Mr Justice Pepperall

Between:

WRL
(A Protected Party proceeding by his
Litigation Friend and mother,
NBS)

-v-

Mr Ricky Avo
(First Defendant)

and

Scot Group Ltd
T/A Thrifty Car and Van Rental
(Second Defendant)

Anonymity order

UPON HEARING Counsel for the Claimant and the Solicitor for the Defendants

AND UPON the need for an formal application being waived by the Court
(1) In consideration of the Article 8 rights of the Claimant 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 to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.

WHEREAS for the purposes of this order ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.

IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings shall not be published.
  2. Pursuant to rule 39.2(4) of the Civil Procedure Rules 1998, there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and his Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “WRL”.
    (ii) The Litigation Friend shall be referred to as “NBS”.
    (iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) and (ii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to rules 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, trustee or deputy.
  5. 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 3 above by 13th January 2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words: “An anonymity order was made in this case on 5th December 2024 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.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. Nothing in paragraphs 1–7 above (inclusive) shall prohibit the Defendants from disclosing the Claimant’s name and address to their insurers, their reinsurers, their legal or professional advisers, experts instructed pursuant to Part 35 of the Civil Procedure Rules 1998, or to HM Revenue & Customs (or its successor) or any other person as required by law.
  9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 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.
  10. The costs of obtaining this order be costs in the case.