A -v- Justin Lawrence Bourne and others (anonymity order)

Business and Property CourtsHigh CourtProperty, Trusts and Probate ListAnonymity Order

Claim number: PT-2024-BRS-000086

In the High Court of Justice
Business and Property Courts in Bristol
Property, Trusts and Probate List (ChD)

IN THE MATTER OF THE ESTATE OF CORIN HAMILTON BOURNE DECEASED

AND IN THE MATTER OF THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

28 May 2025

Before:

HHJ Paul Matthews

Between:

‘A’ (by their litigation friend ‘B’)

-v-

JUSTIN LAWRENCE BOURNE (1)

MICHAEL ANDREW THEODORE (2)
(as personal representatives and trustees of the deceased’s estate)

GISLENE CRISTINA WOLFART (3)
(as a discretionary object of a will trust created by clause 7 of the deceased’s last will dated 6 December 2017)

Order

UPON the Claimant’s application made orally for an anonymity order

AND UPON 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

AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure

AND UPON the Court hearing Mr Michael Clarke counsel for the Claimant and Ms Katie Woodcock solicitor for the First and Second Defendants and the Third Defendant appearing in person

AND UPON the the Defendants indicating their 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 and CPR rules 5.4C, 5.4D and 39.2(4)

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 (1) 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 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 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:
    (1) The Claimant shall be referred to as “A”.
    (2) The Litigation Friend shall be referred to as “B”.
    (3) Any other details which, on their own or together with other information publicly available, may 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 Rules 5.4C and 5.4D:
    (1) A person who is not a party to the proceedings may not obtain a copy of a statement of case, witness statement, judgment, order (including any Tomlin order settling the claim and any agreement and/or documents annexed thereto) from the Court records unless the same has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (2) If a person who is not a party to the proceedings applies (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 Court file shall be clearly marked with the words “An anonymity order was made in this case on 28 May 2025 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 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  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. This order shall be served by the Claimant on the Defendants.