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AX -v- MoD (anonymity order)

CLAIM NO: QB-2017-000021/HQ17P02530

In the High Courts of Justice
Queen’s Bench Division

2 March 2020

 

Before:

Peter Marquand (Sitting as a Deputy Judge of the High Court)

Between:

AX (A Minor By Her Father and Litigation Friend IX)

-v-

Ministry of Defence

 


UPON READING an application notice by the Claimant dated 24 February 2020

AND UPON HEARING Counsel for the Claimant and Counsel for the Defendant

AND UPON consideration of the Claimant’s 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 is necessary in order to protect the interests of the Claimant.

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 Claimant and of the Litigation Friend are not to be disclosed.
2. There be substituted for all purposes of this case, in place of references to the Claimant by name and address, whether orally or in writing, is referred to as “Ax”. Likewise, the litigation friend be referred to as “Ix”
3. That the original of any such document disclosing the name or address of the Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
4. 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 and only if it has been anonymised in accordance with this Order by way of redaction of any information that may identify the Claimant or the Litigation Friend. 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’.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
6. The provisions of this Order shall not apply:-
a) to communications between the Court Funds Office and the anonymised party or Litigation Friend 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;
b) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
7. That the Claimant do comply with rule 23.9(2) by service on the Defendant.
8. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Costs in the case.

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