XYZ -v- EDF (anonymity order)
CLAIM NO: G70YJ438
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
Date: 08/08/2022
BETWEEN:-
XYZ
(A Protected Party who sues by his Litigation Friend ABC)
-v-
EDF
ANONYMITY ORDER
On 8th August 2022 BEFORE HHJ Sephton QC, sitting as a Judge in the High Court pursuant
to s9(1) Senior Courts Act 1981 sitting in the High Court of Justice, Queens Bench Division,
Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, Greater
Manchester, M60 9DJ.
UPON HEARING Counsel for the Claimant and Counsel for the Defendant.
WHEREAS the Claimant is a protected party and has made a claim (“the Claim”) by his
Litigation Friend against the Defendant for personal injuries suffered by him arising out of an
accident which happened on 13 October 2017.
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.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant 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.
BY CONSENT IT IS ORDERED THAT:
1. The identity of the Claimant and of the Litigation Friend and the Defendant be not
disclosed.
2. That 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
“XYZ” and “ABC” or in other anonymised form as ordered.
3. That the address of the Claimant and of 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 and the address of the Defendant as the address of the
Defendant’s Solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the
Claimant’s name or address 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. Pursuant to CPR rule 5.4C 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 such that (a) the Claimant
is referred to in the documents as “XYZ” and the Litigation Friend as “ABC” and the
Defendant as “EDF”, (b) that any identitying features be deleted from those
documents; and (c) their address is deleted from those documents.
6. That the original of any such document disclosing the name or address of the Claimant
or of the Litigation Friend or of the Defendant 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”.
7. 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
Judge 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”.
8. That reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant or Litigation Friend or Defendant. 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 or the
Defendant is prohibited.
9. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the Court of
Protection and the anonymised party or Litigation Friend in relation to the
payment of money into the Court Funds Office or Court of Protection for the
benefit of the anonymised party or the investment or treatment of payment out
of such money;
b. to communications between the Court Funds Office and the Court of
Protection and/or the anonymised party or Litigation Friend and any financial
institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the Court of Protection or the
anonymised party or Litigation Friend or any such financial institution in
relation to such money.
10. That any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.