XYZ -v- The Ministry of Defence (anonymity order)
Claim No.: QB-2020-000446
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
30 April and 24 May 2021
The Ministry of Defence
UPON reading the Claimant’s Applications dated 30 April and 24 May 2021 and upon hearing Mr Goodwin for the Claimant and Mr Jaspal for the Defendant at a telephone hearing on 1 July 2021 at 2.30pm.
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 II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
AND UPON the Defendant having paid the sum of £50,000 by way of interim damages to the Claimant’s Solicitors’ client account on 14 May 2021.
IT IS HEREBY ORDERED: Anonymity Order
1. That the identity of the Claimant be not disclosed.
2. That the Claimant 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”.
3. That the address of the Claimant 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. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant 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. That 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. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. The Claimant’s reference in CE filing be amended in accordance with this order so that the Claimant be described as “XYZ”.
9. The provisions of this Order shall not apply:
a. to 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;
b. to communications between the Court Funds Office and/or the anonymised party 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 anonymised party or any such financial institution in relation to such money.
10. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12. 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 ‘XYZ’.
13. The costs of and occasioned by the Claimant’s 24 May 2021 application be costs in the case.
Case Management Orders
- The time for service of the particulars of claim, medical evidence in support and preliminary schedule of loss be extended until 4.30 pm on 30 September 2021.
2. Should the Claimant seek any further extension for service of the particulars of claim, medical evidence in support and preliminary schedule of loss, such application is to be made no later than 4.30pm on 27 September 2021, to be listed before Master Gidden, and any consequent order to be made on an unless basis.
3. The Claimant do pay the costs of and occasioned by the 30 April 2021 application, including the costs of and occasioned by the adjourned hearing of 18 May 2021, on the standard basis, to be assessed if not agreed and not to be enforced without leave of the Court.