XWA -v- Mr Mohammed Khan and another (anonymity order)
Claim number: KB-2024-002175
In the High Court of Justice
King’s Bench Division
26 July 2024
Before:
Neil Moody KC
Between:
XWA (A protected party by her father and Litigation Friend XNJ)
-v-
Mr Mohammed Khan
and
Esure Insurance Limited
Order
BEFORE NEIL MOODY KC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 26th July 2024
UPON HEARING Mr Robert Weir of His Majesty’s Counsel, on behalf of the Claimant and Christopher Kennedy of His Majesty’s Counsel on behalf of the Defendants
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
- The principles set out in the Judgments of the Court of Appeal in JXMX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96
- 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
AND UPON the Court noting the Defendants’ neutral stance in relation to the Claimant’s Application and there being no representations from the press or any other interested party
AND UPON the Claimant and the Defendants having agreed the terms set forth in the Approval Order of even date, which have been approved by the Court
WHEREAS the Claimant, a protected party who proceeds by her Litigation Friend, has made a claim (the “Claim”) against the Defendants for personal injuries suffered by her arising out of the First Defendant’s negligence and for which the Second Defendant has a liability to satisfy the Judgment
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.
- Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4), the Court being satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
IT IS ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR Rules 5.4A to 5.4D and the CPR Rule 39.2:
- The identity of the Claimant in these proceedings is protected and shall not be disclosed.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address or email 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 her Litigation Friend shall be referred to as set out at paragraph 3 of this anonymity Order.
- In any report of these proceedings, or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
i. The Claimant shall be referred to as XWA
ii. The Litigation Friend shall be referred to as XNJ
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 family members or their addresses) shall be redacted before publication. - 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 16 August 2024 and refiled in the event that any statement of case is amended, within 21 days of such amendment being approved.
- That the unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend 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 King’s Bench Division.’
- The Court’s paper and digital files are to be retained by the Court and marked with the words “An anonymity Order was made in this case on 26th July 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.”
- Pursuant to CPR Rule 5.4C:
i. 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 paragraphs 3 and 4 above;
ii. If a person who is not a party to the proceedings applies (pursuant to CPR Rules 5.4C (1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 14 days’ notice to the Claimant’s Solicitor and the Court will effect service.
Reporting Restrictions
8. That reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the Litigation Friend, the publication of the name and address of the Claimant or any member of the Claimant’s immediate family.
9. The provisions of this Order shall not apply:
i. To communications between the Court Funds Office and the anonymised party, her Deputy or Litigation Friend 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. To communications between the Court Funds Office or the anonymised party, her Deputy or Litigation Friend or any such financial institution concerned as to the receipt or investment of such money; or
iii. To records kept by the Court Funds Office or the anonymised party, her Deputy or the Litigation Friend or any such financial institution in relation to such money.
Procedure
10. A copy of this Order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as XWA and the Litigation Friend referred to as XNJ.
11. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitor and that at least 14 days’ prior notice of the intention to make such an application is given.
12. The costs of obtaining this order be costs in the case.