ZXR -v- Naydon Riding School Limited (anonymity order)
Claim Number: KB-2024-001310
In the High Court of Justice
King’s Bench Division
8 July 2024
Before:
Master Armstrong
Between:
ZXR (A Protected Party and Protected Beneficiary by her mother and Litigation Friend TRA)
-v-
Naydon Riding School Limited
Order
BEFORE Master Armstrong sitting in the Royal Courts of Justice, Strand, London on the 8th day of July 2024
UPON hearing, by Teams, Nathan Tavares one of His Majesty’s Counsel and Harriet Jerram of Counsel on behalf of the Claimant and Nina Goolamali one of His Majesty’s Counsel on behalf of the Defendant
WHEREAS the Claimant has made a claim (“the claim”) against the Defendant for personal injuries suffered by her arising out of an accident which occurred on 8th April 2015 and in respect of which the Defendant has admitted liability
AND WHEREAS the Claimant is a protected party and protected beneficiary and brings a claim by her litigation friend and mother, TRA
AND UPON:
1. Consideration of the Article 8 rights of the Claimant and the Litigation Friend 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 the Litigation Friend is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and the Litigation Friend and that there is no sufficient countervailing public interest in disclosure.
3. The Defendant indicating that it consents to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 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 (i) 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 BY CONSENT THAT:
1. The identity of the Claimant and the Litigation Friend as parties to these proceedings is confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant or the Litigation Friend 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:
a) The Claimant shall be referred to as ZXR
b) The Claimant’s Litigation Friend shall be referred to as TRA
c) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant or the Litigation Friend (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
a) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3 (i) to (iv) above.
b) If a person who is not a party to the proceedings (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, trustee or deputy.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that have been anonymised in accordance with paragraph 3 above by [22 July 2024] and refiled in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 8 July 2024 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.”
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 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 send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
9. The costs of obtaining this order be costs in the case.