AXB and others -v- Contract Natural Gas Ltd and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: 023LR612

In the High Court of Justice
King’s Bench Division
Liverpool District Registry

20 November 2024

Before:
HHJ Wood KC
sitting as a Judge of the High Court

Between:
(1) AXB (A Protected Party by his Brother and Litigation Friend, EXF)
(2) CXD (Deceased, by the representative of her Estate, EXF pursuant to CPR 19.12(b) on)
(3) EXF
-v-
(1) Contract Natural Gas Ltd (in Administration)
(2) Cadent Gas Ltd
(3) Aviva Insurance Ltd
(4) QBE European Operations Plc

Anonymity Order

BEFORE HHJ WOOD KC, sitting as a Judge of the High Court in Liverpool on 20th November 2024.

UPON HEARING Christopher Melton KC, on behalf of the Claimants and Tim Horlock KC, on behalf of the First Second and Third Defendants and Derek O’Sullivan KC on behalf of the Second Defendant.

AND UPON:
(1) Consideration of the First Claimant’s Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing to the Court that non-disclosure of the identity of the Claimants, the First Claimant’s Litigation Friend and the Second Claimant’s representative is necessary in order to protect the interests of the First Claimant.
(3) 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 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimants, the First Claimant’s Litigation Friend and the Second Claimant’s Representative in these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimants, the First Claimant’s Litigation Friend, the Second Claimant’s representative and the Defendants or the Claimant’s family, or any details that could lead to the identification of the Claimants. The Claimants, the First Claimant’s Litigation Friend and the Representative of the Second Claimant 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 First Claimant shall be referred to as “AXB”
    (2) The Second Claimant shall be referred to as “CXD”
    (3) The Third Claimant, the First Claimant’s Litigation Friend and the representative of the Second Claimant’s Estate shall be referred to as “EXF”
    (4) Any other details liable to lead to the identification of the Claimants (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(1) to (3) above. No person may have access to the medical report served with proceedings or the Schedule of Loss.
    (ii) 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 Claimants’ Solicitor or Litigation Friend.
  5. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on 20th November 2024 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, providing that any such application is made on notice to the Claimants’ Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  7. A copy of this order shall be published on the Judicial Website.
  8. This order is mandatory. Breach of any part of this order may give rise to contempt proceedings. Even if an application has been made to vary or discharge any part of the order, the order must be complied with unless or until varied or discharged.
  9. Costs in the proceedings.