AXB -v- RJE and the Ministry of Defence (anonymity order)
Claim number: KB-2024-002967
In the High Court of Justice
King’s Bench Division
17 September 2024
Before:
Master Thornett
Between:
1. AXB
-v-
1. RJE
and
2. The Ministry of Defence
Order
UPON READING an application notice by the Claimant dated 09.09.24 and the witness statement of Solicitor, Malcolm Johnson, dated 09.09.24.
WHEREAS the Claimant is making a claim against the Defendants for personal injuries arising from trespass to the person and other causes of action.
AND UPON
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant and the First Defendant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
AND PURSUANT to Section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.
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1) The The identity of the Claimant and the First Defendant as parties to these proceedings is confidential and shall not be published.
2) Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, or the First Defendant, or other immediate family members of both parties, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant or the First Defendant in these proceedings. The Claimant and the First Defendant 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: –
(i) The Claimant shall be referred to as “AXB” and the First Defendant shall be referred to as “RJE”.
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant or the First Defendant, (including any names of immediate family members or their 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 these proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (ii) above.
(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 Claimant’s solicitor.
5) The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of any statements of case that have been anonymised in accordance with paragraph 3 above by 21 days from the date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6) The Court file shall be clearly marked with words to the effect of, “An anonymity order was made in this case on [date] 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.”
7) 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 Claimant’s solicitor.
8) 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.
9) The Claimant must serve a copy of this Order and of the Notice of Application and the witness statement upon the Defendants and otherwise comply with CPR Rule 23.9 by way of service.
10) The Defendants may apply under CPR Rule 23.10 and CPR 3.3(5) to set aside or vary this Order within seven days of service of it upon it.
11) Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12) The Claimant has permission to apply to set aside or vary this order.
13) The costs of obtaining this order be costs in the case.
DATED this 17th day of September 2024