PQR -v-Amenichi (anonymity order)
Claim No.: QB-2021-001786
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 17/06/2022
Before:
Master McCloud
BETWEEN:
PQR (a Protected Party by his litigation friend, STU)
-v-
Osa Amenichi
ORDER
BEFORE Master McCloud, sitting at the Royal Courts of Justice on 17th June
2022
AND UPON hearing Ms Crowther QC instructed on behalf of the Claimant
and Mr Marcus Dignum QC, instructed on behalf of the Defendant,
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant 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 and that there
is no sufficient countervailing public interest in disclosure.
(3) The 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 6 of the Human Rights Act 1998; section 11,
Contempt of Court Act 1981; and CPR rr5.4C, 5.4D and 39.2(4).
WHEREAS:
(1) For the purposes of this order:
(i) ‘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.
(ii) 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.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of
examples of communications and records which do not constitute
publication within the meaning of this order (providing always that proper
steps are taken to protect the confidentiality of information from being
made public). In this list references to ‘the anonymised party’ include
that party’s appointed representatives and advisers, such as solicitor,
Litigation Friend, attorney, trustee and deputy.
(i) Retention by all parties to the claim, their representatives, and
their advisers of their unredacted files for the purposes of their
continuing functions and obligations in relation to the
proceedings.
(ii) Communications between the Defendant(s), their insurers, or
their successors in title and their legal and professional advisers,
reinsurers, HMRC (or its successor), the CRU or any other
person required by law.
(iii) Communications between the anonymised party’s
representatives and advisers in managing that party’s affairs.
(iv) Communications for the purpose of obtaining medical care,
advice or treatment for the anonymised party.
IT IS ORDERED BY CONSENT THAT:
1. The identity of the Claimant as a party to these proceedings is protected
and shall not be published.
2. Pursuant to CPR r39.2(4), there shall not be disclosed in any report of
these proceedings or other publication the name or address of the
Claimant, the Claimant’s 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 PQR as the
Claimant 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:
(i) The Claimant shall be referred to as “PQR”.
(ii) The Litigation Friend shall be referred to as “STU”.
(iii) Any other details liable to lead to the identification of the
Claimant (including any names of other immediate family
members or their addresses) shall be redacted before
publication.
4. Pursuant to CPR rr5.4C and 5.4D:
(i) 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 (iii)
above.
(ii) If a person who is not a party to the proceedings applies
(pursuant to CPR rr5.4C(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 Court file shall be clearly marked with the words “An anonymity
order was made in this case on 17 June 2022 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.”
6. 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 notice to the Claimant’s solicitor, trustee or
deputy, and that 7 days’ prior notice of the intention to make such an
application is given.
7. 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.
8. The costs of obtaining this order be costs in the case