XXX and YYY (interested party) -v- Network Rail Infrastructure Ltd (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2019-001082

In the High Court of Justice
King’s Bench Division

20 June 2023

Before:
Anabel Darlow KC

Between:
XXX
(A Protected Party By His Litigation Friend YYY)
-v-
Network Rail Infrastructure Ltd


Anonymity Order

BEFORE Anabel Darlow KC (sitting as a Deputy Judge of the High Court), remotely by MS TEAMS on Friday 16 Jun 2023
UPON HEARING Counsel for the Claimant and Counsel for the Defendant

WHEREAS the Claimant has made a claim (‘the Claim’) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on 10 April 2016 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court.

WHEREAS the Claimant is a protected party and brings the Claim by his Litigation Friend, yyy.

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 and his Litigation Friend is necessary 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 11 of the Contempt of Court Act 1981, and CPR rules 5.4C, 5.4D and 39.2(4)
AND 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 (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of the Claimant in these proceedings is protected and shall not be published.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 parents or his Litigation Friend, or any details that could lead to the identification of xxx as the Claimant in these proceedings 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, or other publication (by whatever medium) in relation thereto:

(1) The Claimant shall be referred to as “xxx”

(2) The Litigation Friend shall be referred to as “ yy.”

(3) Any other details liable to lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.

  1. 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) above.

(2) If a person who is not a party to the proceedings applies (pursuant to CPR r.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 or Deputy

  1. 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 26 July 2023, and re-filed in the event that any statement of case is amended, within 28 days of such amendment being approved.
  2. The unredacted original of any such document referred to in paragraph 5 above disclosing the name or address of the Claimant, or the Claimant’s parents or Litigation Friend to be placed on the Court file in a sealed folder/envelope marked “not to be opened without the permission of the court.”
  3. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16 June 2023 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.”
  4. 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.
  5. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 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 be sent a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

DATED this 20th day of June 2023

EXPLANATORY NOTE

The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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 anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.