xxx -v- Boloux & Ors (anonymity order)
Claim No: QB-2019-004565
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 27/04/2022
Between:
xxx
(A Protected Party by his Litigation Friend yyy)
-v-
(1) YANN BOLOUX
(2)AVIVA INSURANCE LIMITED
ORDER
BEFORE the Honourable Mr Justice Cotter sitting in the High Court of Justice, Queens Bench Division on 27 April 2022
UPON HEARING Leading Counsel for the Claimant, John Foy QC and Leading Counsel for the Second Defendant
WHEREAS the Claimant has made a claim (‘the Claim’) against the Defendants for personal injuries suffered by him arising out of the First Defendant’s negligence on 28 December 2016 and in respect of which proceedings were commenced by the Claimant against the Defendants in the High Court
AND WHEREAS the Claimant is a protected party and brings the Claim by his Litigation Friend, Patricia Sykes
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 Second 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)
EXCEPT the provisions of this Order shall not apply:-
(1) to communications between the Court Funds Office and the anonymised party 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;
(2) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(3) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
(4) to communications between the Defendants’ solicitors/Insurer and the Court Funds Office concerned with administrating, managing the account and transferring the claimant’s damages;
(5) to communications between the Department for Work and Pensions and the Defendants’ solicitors/Insurer concerned with administrating and discharging the outstanding recoverable benefits and NHS charges
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 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, 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 “yyy”
(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) 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
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 April 2022 and any application by a non-party to inspect or obtain an 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 or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
DATED this 27th day of April 2022