A21 (A Child By Their Mother & Litigation Friend) and B21 (A Child By Their Mother & Litigation Friend) -v- BXD and NXK (anonymity order)
Claim No: QB-2017-001746
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/12/2021
Before:
Master McCloud
Between:
1. A21
(A Child By Their Mother & Litigation Friend)
2. B21
(A Child By Their Mother & Litigation Friend)
-v-
1. BXD
2. NXK
ORDER
UPON READING the 2nd Claimant’s Application Notice (“the Application”)
AND UPON HEARING Counsel for the 2nd Claimant and Counsel for the Defendants,
the 1st Claimant’s case being dealt with separately
AND UPON consideration of the Claimant’s Article 8 rights for private and family life
WHEREAS the Claimant has made her claim (“the Claim”) against the Defendants for
personal injury arising out of an accident which occurred on the 26th May 2014 in
respect of which proceedings were commenced by the Claimant against the
Defendants in the Royal Courts of Justice Strand, London
AND WHEREAS the Claimant is a Protected Party (“A Child”)
AND UPON considering CPR 39.2(4)
IT IS ORDERED THAT:
1. The 2nd Claimant shall hereafter be referred to as “B21” and the 1st Claimant
shall be referred to as “A21” and the 1st Defendant shall be referred to as “BXD”
and the 2nd Defendant as “NXK.”
2. Pursuant to CPR 39.2(4) there shall not be disclosed in any part of the
proceedings the name or address of the Claimant or immediate family or any
details leading to the identification of the Claimant, or her family. Nor shall the
name or address of the 1st and 2nd Defendants be disclosed in the report of any
proceedings or any details leading to identification of them (including the names
of any individuals appearing in the Statements of Case). If referred to, the 2nd
Claimant shall only be referred to as B21, the 1st Claimant as A21, the 1st
Defendant as BXD and the 2nd Defendant as NXK.
3. Further, pursuant to CPR 5.4C a person who is not a party to the proceedings
may obtain a copy of the Statement of Case, judgment or order from the Court
records only if the Statement of Case, judgement or order have been
anonymised such that:
a. The 2nd Claimant is referred to in those documents only as “B21” and
b. The 1st Claimant is referred to in those documents only as A21 and
c. The 1st Defendant as BXD and the 2nd Defendant as NXK
d. The names of any person contained in the Statements of Case have
been deleted;
e. The address of the Claimant has been deleted from those documents
as has the address of the 1st Defendant and 2nd Defendant which could
lead to identification of either Defendant.
4. Any request by the 1st and/or 2nd Defendant for documents held by the Court
made pursuant to CPR Rule 5.4B (1) or (2) under the Court’s inherent
jurisdiction must be made by an Application on notice to the Claimant.
5. The Claimant do serve on the 1st and 2nd Defendants a copy of the sealed Order
within 7 days of receipt of the sealed copy from the court, but it is not required
to serve a copy of the Application.
6. The 1st and/or 2nd Defendant may apply to set aside or vary this Order within 7
days of service of the Order under CPR 23.10.
7. Costs in the Case.