XXA -v- Avis Car Hire and Robin Lodge (anonymity order)
Claim No. QB-2021-000208
In the High Court of Justice
Queen’s Bench Division
13 July 2021
XXA (a minor by his mother & litigation friend XXB)
Avis Car Hire
UPON hearing Counsel for the Claimant and Counsel for the Defendants
AND UPON the Claimants’ application for an anonymity order;
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 rights of the public and the press;
AND UPON IT APPEARING THAT the non-disclosure of the identity of the Claimant in this case is necessary in order to protect the interests of the Claimant;
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED that:
1. The identity of the Claimant and the litigation friend may not be disclosed.
2. The Claimant and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as follows:
(a) Claimant: “XXA”
(b) the Litigation Friend: “XXB”
3. The address of the Claimant and the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. In so far as necessary, any statement of case or other document disclosing the Claimant’s names or addresses or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. The 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 Queen’s Bench Division”.
6. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
8. The provisions of this Order shall not apply:
(a) to communications relating to the investment of monies paid by way of damages;
(b) to communications between the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of monies paid by way of damages; or
(c) to records kept by the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.