XEE -v- JE (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

CLAIM NO: KB-2024-MAN-000152

In the High Court of Justice
King’s Bench Division
Manchester District Registry

11 February 2025

Before:

His Honour Judge Bird

Between:

XEE

-v-

JE

Order

BEFORE His Honour Judge Bird sitting as a Judge of the High Court, King’s Bench Division, at Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 5 February 2025

UPON HEARING Dr Nicholas Braslavsky KC and Miss Helen Mulholland KC on behalf of the Claimant and Mr Dominic Nolan KC on behalf of the Defendant

WHEREAS the Claimant brought a claim against the Defendant for damages for injury and consequential loss alleged to arise from the Defendant’s negligence

AND WHEREAS the parties both being represented in settlement negotiations by Leading Counsel as identified above reached terms of settlement of the Claimant’s claim set out in a Memorandum of Agreement dated 3 December 2024 (“the settlement agreement”)

AND WHEREAS the Defendant has applied to the Court for approval of the settlement agreement

AND UPON the Court being satisfied that it is appropriate to give approval to the settlement agreement pursuant to its inherent jurisdiction, such approval being intended to stand as the Court’s approval for the purposes of CPR 21.10, should it subsequently transpire (“the eventuality”) that the Claimant was at the time of this Order a Protected Party through lack of capacity to conduct the proceedings (CPR 21.1(2)(d)).

AND UPON the Court further being satisfied that approval is appropriate notwithstanding that there was at the time of this Order no litigation friend, and that it is appropriate to order (paragraph 6 of this Order) that steps taken in these proceedings were valid and take effect, such order being intended to stand as an order for the purposes of CPR 21.3(4) in the event of the eventuality transpiring.

AND UPON READING the approval advice of Dr Nicholas Braslavsky KC and Miss Helen Mulholland KC dated 14 January 2025

AND UPON the Court being satisfied that
(a) The Order set out below is agreed by the Claimant and the Defendant as being the preferred Order that should apply
(b) The form of the Order is that which best meets the Claimant’s needs and CPR 21 and 41 have been complied with

AND UPON the Court having approved the terms of this Order and the Schedule annexed to this Order

BY CONSENT IT IS ORDERED THAT:-

  1. The settlement agreement identified in the Schedule hereto is hereby approved by the Court.
  2. All steps taken in these proceedings are valid and take effect, notwithstanding the Claimant not having had a litigation friend
  3. All further proceedings in this case be stayed except for the purpose of carrying the said terms into effect and the parties may make an application in the case for that purpose. Permission to apply as to carrying such terms into
    effect.
  4. The Defendant do pay the Claimant’s reasonable costs, disbursements, VAT and any interest accrued on costs on the standard basis the costs to be subject of a detailed assessment in default of agreement.

Service of this order on all parties will be through the Claimants solicitors

Schedule

  1. The Claimant accepts the settlement terms as set out in the Memorandum of Agreement dated 3 December 2024 in full and final satisfaction of the whole of her claim against the Defendant. A copy of the Memorandum of Agreement to be retained by both the Claimant’s and Defendant’s Solicitor.
  2. The Defendant do pay to the Claimant the settlement sum due under that agreement, less any interim payments and payment to CRU, within 28 days of the date of this Order. Thereafter interest is payable at judgment rate.
  3. The Defendant shall pay the costs within 28 days of agreement or assessment being reached. Thereafter interest is payable at judgment rate.
  4. Payment of damages and costs in accordance with the terms of this Order and its Schedule by the Defendant shall constitute full and final discharge of any and all liability on the part of the Defendant to the Claimant arising from the matters the subject of this claim.

Order

BEFORE His Honour Judge Bird, sitting as a Judge of the High Court, at Manchester Civil Justice Centre on 5 February 2025

UPON HEARING Dr Nick Braslavsky KC and Miss Helen Mulholland KC for the Claimant and Mr Dominic Nolan KC for the Defendant

WHEREAS the Claimant has made a claim (‘the Claim’) against the Defendant for personal injuries suffered by her, arising out of the Defendant’s negligence on 24 April 2017, and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court on 20 May 2021 and transferred to the Manchester District
Registry by Order dated 20 April 2023

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 secure the proper administration of justice and in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure.
(3)The Defendant indicating its 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 1988 and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this order:
(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

EXCEPT the provisions of this Order shall not apply:-
(1)To communications between the Department for Work and Pensions and the Defendant’s solicitors / Defendant insurance company concerned with administering and discharging any outstanding recoverable benefits and NHS charges.

IT IS ORDERED that:-

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. 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, the Claimant’s husband 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 the Defendant shall be referred to as set out at paragraph 3 of this order.
  3. In any judgment or report of these proceedings:
    (1)The Claimant shall be referred to as “XEE”.
    (2)The Defendant shall be referred to as “JE”.
    (3)Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. 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 (3) above.
    (2)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 other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor.
  5. The Claimant’s solicitor shall file with the Court an electronic PDF bundle of the statement of case that has been anonymised in accordance with paragraph 3 above within 21 days of this order.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 5 February 2025 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, 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.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 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
  9. The costs of obtaining this order be costs in the case.

Service of this order on all parties will be through the Claimants
solicitors.