ACE and others -v- DCE and another (anonymity order)

Business and Property CourtsHigh CourtProperty, Trusts and Probate ListAnonymity Order

Claim Number: PT-2025-001191

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

1 December 2025

Before:

Chief Master Shuman

IN THE ESTATE OF F (DECEASED)

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

Between:

ACE (a child by his litigation friend, BCE)

BCE

CCE

-v-

DCE (As executor of the Estate of F)

ECE (As executor of the Estate of F)

Order

UPON the application notice of the Intended Claimants dated 19 August 2025 (“the Application”) supported by the witness statement of the Second Claimant dated 19 August 2025

AND UPON the Intended Claimants intending to issue proceedings against the Intended Defendants under CPR Part 8 for the approval of a settlement made by or with a minor pursuant to CPR Rule 21.10 in the terms of draft proceedings already prepared (“the Intended Proceedings”)

AND UPON the Intended Claimants and the Intended Defendants agreeing to the making of the order

AND UPON the Court having considered the Article 8 rights to respect for private and family life of the Intended Claimants and Intended Defendants (together “the Parties”), in particular the First Claimant (who is a child), and the Article 10 right to freedom of expression, and being satisfied that non-disclosure of the identity of the Parties and the Deceased is necessary to secure the proper administration of justice and in order to protect the interests of the Parties, in particular the First Claimant, and that there is no sufficient countervailing public interest in disclosure

AND UPON hearing counsel (Alex Troup KC) for the Defendants and upon the Second Claimant attending the hearing

AND PURSUANT TO section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4) and 39(3)

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 THAT:

  1. The Second Claimant be appointed to act as litigation friend for the First Claimant in respect of both the Application and the Intended Proceedings pursuant to CPR 21.6.
  2. The identities of the Parties are confidential and shall not be published. 
  3. The Intended Proceedings, when issued, be anonymised as follows:
    a) The First Claimant shall be referred to as “ACE”.
    b) The Second Claimant shall be referred to as “BCE”.
    c) The Third Claimant shall be referred to as “CCE”.
    d) The First Defendant shall be referred to as “DCE”.
    e) The Second Defendant shall be referred to as “ECE”.
    f) The Deceased shall be referred to as “F”.
  4. There shall not be disclosed in any report of the application or the Intended Proceedings or other publication the name or address of the Parties, the Deceased, 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 Parties. 
  5. In any register of claims, judgment or report of the application or the Intended Proceedings, or other publication (by whatever medium) in relation thereto:
    a) The Parties shall be referred to as set out at paragraph 3 of this Order.
    b) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Parties (including any names of other immediate family members or their addresses) shall be redacted before publication.
  6. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment, recording, transcript or order from the Court records unless the statement of case, judgment, recording, transcript or order has been anonymised in accordance with subparagraphs 5a and 5b above.
  7. If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any other document (including but not limited to the witness statement to be filed in support of the Intended Proceedings) or communication, such application shall be made on not less than 14 days’ notice to both the Intended Claimants and Intended Defendants.
  8. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 6 above by 12 January 2026, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  9. The Court file in the application and the Intended Proceedings shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
  10. Any hearings in this case (including but not limited to the hearings of any applications made pursuant to this Order) or the Intended Proceedings shall be listed anonymously in accordance with paragraph 6 above but shall be heard in open court unless ordered otherwise.
  11. 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 Intended Claimants and the Intended Defendants.
  12. 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.
  13. No order as to costs.
  14. This order shall be served by the Intended Claimants on the Intended Defendants.