ZB -v- YB (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: H90BM007

In the High Court of Justice
King’s Bench Division

Birmingham District Registry

20 March 2023

Before:

Mr Justice Eyre

Between:

ZA (by the their Litigation friend ZB)

-v-

YB

Order

Before Mr Justice Eyre sitting at Birmingham District Registry, The Priory Courts, 33 Bull Sµ-eet, Birmingham B46DS

UPON hearing Leading Counsel for the Claimant and Counsel for the Defendant;

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family Jife and the Article 10 right of freedom of expression

AND UPON the Court being satisfied that an Order in the terms below is necessary to protect the interests of the

Claimant and his family and that there is no countervailing public interest in disclosure

AND PURSUANT to section 11 of the Contempt of Court Act 1981 and Rule 5.4A to 5.4D and ule 39.2(4) of the Civil Procedure Rules

IT IS ORDERED THAT

  1. The identity of the Claimant in these proceedings (and, in the circumstances, therefore also that of the Defendant) is protected and shall not be published;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 mother, 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:
  • The Claimant shall be referred to as “ZA”;
  • The Litigation Friend shall be referred to as “ZB”.
  • The Defendant shall be referred to as “YB”
  • 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:

  • 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.
  • If a person who is not a party to the proceedings applies (pursuant to CPR r.S.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 9 February 2023 and any application by a non-party to inspect or obtain any 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.

7. Nothing in paragraphs 1 to 6 above shall prohibit the Claimant’s Solicitor or Deputy, nor the Defendant, from disclosing the Claimant’s name, address or any information tending to identify him to their reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.

8. The provisions of this Order shall not apply to communications between the Defendant Insurer, and/or its Solicitors, with reinsurers or other persons or entities for the purposes of administration and making payment(s) to the Claimant.

9. Costs in the case.