TDX (PERSONAL REPRESENATIVE OF JSX, DECEASED) -v- RAVEN MOUNT SERVICES COMMPANY LTD (anonymity order)
Claim No: QB 2020 003673
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 30/11/2021
Before:
HHJ Tindal
Between:
TDX
(PERSONAL REPRESENATIVE OF JSX, DECEASED)
-v-
RAVEN MOUNT SERVICES COMMPANY LTD
ORDER
ON 30 November 2021
BEFORE HHJ Tindal sitting as a judge of the High Court
UPON HEARING Counsel for the Claimant and Counsel for the Defendant
AND UPON there being no representations made by any member of the press
AND UPON consideration of a protected beneficiary’s (a dependant under the Fatal
Accident’s Act 1976) 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 and the
protected beneficiary is necessary in order to protect the interests of the protected beneficiary.
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.
IT IS ORDERED:
1. That the identity of the protected beneficiary, the Claimant and the deceased shall be
not disclosed.
2. That the protected beneficiary, the Claimant and the deceased 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 “TSX”, “TDX”, and “JSX” respectively.
3. 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”.
4. That reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the protected beneficiary, the Claimant or the
deceased. The publication of the name and address of the Claimant or of any member
of the Claimant’s immediate family and/or the name and address of the protected
beneficiary is prohibited.
5. The provisions of this Order shall not apply:-
• to communications between the Court Funds Office and the anonymised party and/or
Litigation Friend and/or the claimant’s Deputy 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;
• to communications between the Court Funds Office and/or the anonymised party
and/or Litigation Friend and/or the claimant’s Deputy and any financial institution
concerned as to the receipt or investment of such money; or
• to records kept by the Court Funds Office or the anonymised party and/or Litigation
Friend and/or the claimant’s Deputy or any such financial institution in relation to
such money.
9. Nothing in this order shall apply to communications between the Defendants insurers
and its legal advisers or reinsurers or any communications with the CRU.
10. That any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.