WWW -v- Heptinstall and ors (anonymity order)
Claim No: QB-2019-000021
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
8 June 2021
Before:
Master McCloud
Betwewen:
WWW (An Adult without capacity who litigates through her Litigation Friend, YYY)
-v-
(1) Russell Heptinstall
(2) Zurich Insurance Plc
(3) ZZZ
(4) AVIVA iInsurance Ltd
UPON hearing Leading Counsel for the Claimant, Mr Jacob Levy QC and Leading Counsel for the First and Second Defendants, Mr Tim Horlock QC and Leading Counsel for the Road Traffic Act 1988 insurers the Fourth Defendants, Mr Marcus Dignum QC via telephone
AND UPON the Third Defendant not appearing and not being represented.
AND UPON
(1) 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 in order to protect the interests of the Claimant.
(3) It appearing the non-disclosure of the identity of the Third Defendant is necessary in order to protect the interests of the Claimant.
(4) The representative for the First, Second and Fourth Defendants indicating neutrality to the making of the order and there being no representations from press or any other interested party.
AND PURSUANT to Section 11 of the Contempt of Court Act 1991; and the CPR 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 The identity of the Claimant in these proceedings is protected and shall not be published. For this purpose:
(i) “Publication” includes any speech, writing, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public.
(ii) Publication of any name, address or picture or other information that could lead to identification of WWW as the Claimant in these proceedings is prohibited;
2. Pursuant to CPR 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 parents or any details that could lead to the identification of WWW as the Claimant in these proceedings. The Claimant and the Litigation Friend and the Claimant’s mother and the Third Defendant should 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) Claimant should be referred to as “WWW”;
(ii) The Litigation Friend should be referred to as “YYY”;
(iii) The Third Defendant shall be referred to as “ZZZ”;
(iv) The Claimant’s mother should be referred to as “AAA”;
(v) Any other details liable to lead to the identification of the Claimant (including any names or other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR 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) to (v) above;
(ii) 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 document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 8th June 2021 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”.
6. 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.
7. For the avoidance of doubt paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public): –
(i) Communications between the Court Funds Office and the anonymised party, Litigation Friend or Deputy in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money.
(ii) Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institutions concerned as to the receipt or investment to the Claimant’s money.
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of Rolls on 17th 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.
9. The cost of obtaining this Order be costs in the claim.
Dated this 08th day of June 2021