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ABC, JKL, DEF, GHI -v- AXA (France) (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

Claim No: HQ17PO1155

In the High Court of Justice

Queen’s Bench Division

Before:

Deputy Master Bagot QC

Between:

ABC

JKL (by his Litigation Friend DEF)

DEF

GHI

-v-

AXA (France)

 


ANONYMITY ORDER

BEFORE Deputy Master Bagot QC sitting in Room E102 in the Royal Courts of Justice, London, at a Case Management Conference and hearing of the parties’ applications on 31 July 2019

UPON hearing Sarah Crowther QC on behalf of the Claimants and Luka Krsljanin on behalf of the Defendant.

AND UPON consideration of the First Claimant’s rights at common law and under the European Convention on Human Rights (in particular Articles 6,8 and 14), when balanced against the wider public interest in open justice (in particular under Article 10)

AND UPON the Court considering that it is necessary to derogate from the principle of open justice in favour of protection of the First Claimant’s rights so that non-disclosure of the identity of all the Claimants is necessary in order to protect the First Claimant and his immediate family

AND PURSUANT to the Civil Procedure Rules (“CPR”) 39.2(4) and Section 11 of the Contempt of Court Act 1991 and CPR 5.4(c) and 5.4(d)

AND UPON a copy of this Order being published on the website of the Judiciary of England and Wales pursuant to the Master of the Rolls’ Practice Guidance, dated 16 April 2019

IT IS ORDERED NOT BY CONSENT THAT, subject to the proviso at paragraph 8 below.

The identity of the Claimants and the Litigation Friend shall not be disclosed to the public or any section of the public.

The First Claimant and the Third Claimant 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 “ABC” and “DEF” respectively. The Fourth Claimant and Second Claimant shall be described as “GHT” and “JKL” respectively.

The addresses of the Claimants be stated in all the statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.

In so far as is necessary, any statement of case or Order disclosing the Claimants’ names or addresses or the name and address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.

The originals of any statement of case or Order disclosing the name or address of the Claimant or the Litigation Friend, are to be placed on the Court file in a sealed envelope marked “NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUDGE MASTER OF THE QUEEN’S BENCH DIVISION”.

That a non-party may not without the permission of a Master or Judge inspect or obtain a copy of any document on or from the Court file OTHER THAN this or any other Order made in open Court duly anonymised as directed above. 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 “Private”.

The publication of the name and address of the Claimants or any member of the First Claimants’ immediate family, or the name and address of the Litigation Friend is prohibited. Reporting Restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or Litigation Friend.

PROVIDED THAT it shall not be a breach of any of the above paragraphs of this Order to report anything contained in the Court’s public ruling at any Approval Hearing pursuant to CPR Rule 21.10 or anything else said at any such hearing(s).

Any non-party affected by this Order may apply on Notice to all parties to have this Order set aside or varied.

31 July 2019

 

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