XRT -v- Ms Nicola Wakeling (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: KB-2023-NCL-000054

In the High Court of Justice
King’s Bench Division
Newcastle-upon-Tyne District Registry

20 May 2024

Before:

His Honour Judge Freedman

Between:

XRT
(a protected party proceeding by her son and litigation friend, ABD)

-v-

Ms Nicola Wakeling

………………………………………………………………………………………………………………………………………………………………………………………..

ANONYMITY ORDER

………………………………………………………………………………………………………………………………………………………………………………………..

BEFORE His Honour Judge Freedman sitting at the High Court of Justice, Newcastle District
Registry, Newcastle-upon-Tyne Civil & Family Courts and Tribunal Centre, Barras Bridge, Newcastleupon-
Tyne, Tyne & Wear, NE1 8QF.

UPON HEARING Mr Toby Coupe Counsel for the Claimant and Ms Jennifer Russell, Solicitor 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 15 August 2021, and in respect of which
Part 7 proceedings were commenced by the Claimant against the Defendant in the High Court on 5
April 2023.

AND WHEREAS the Claimant is a protected party and brings the Claim by her litigation friend, ABD.

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 protect
the interests of the Claimant.
(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 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4)
of the Civil Procedure Rules.

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 the
outstanding recoverable benefits and NHS charges.

IT IS ORDERED that:-

  1. The identity of the Claimant and her Litigation Friend in these proceedings is protected 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    shall not be published.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, or the Claimant’s Litigation Friend, or any details that
    could lead to the identification of the Claimant. The Claimant and the Litigation Friend 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 “XRT”.
    (2) The Litigation Friend shall be referred to as “ABD”.
    (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 Court file shall be clearly marked with the words “An anonymity order was made in
    this case on 11th April 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.”
  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, and that 7 days’ prior notice of the intention to make such an application
    is given.
  7. 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.
  8. The costs of obtaining this order be costs in the case.