AXH-v- Kier Limited (anonymity order)
Claim No: QB-2021-003071
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 09/11/2021
Before:
Master Sullivan
Between:
AXH (on behalf of AXB and EXB and the Estate of
RXB and PXB)
-v-
Kier Limited
ANONYMITY ORDER
UPON HEARING Leading Counsel on behalf of the Claimant and Solicitor on behalf
of the Defendant by video hearing in private pursuant to Practice Direction 51Y.
AND UPON consideration of AXB and EXB’s Article 8 rights to respect for private and
family life and the Article 10 right to freedom of expression.
AND UPON the Court being satisfied pursuant to CPR.39.2(4) that an Order in the
terms below is necessary in order to protect the interests of AXB and EXB and there
is no sufficient countervailing public interest in disclosure.
AND UPON the Defendant indicating neutrality to the making of the order and there
being no representations from the press or any other interested party.
IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section
6 of the Human Rights Act 1998, CPR 5.4B to D and CPR39.2, as follows:
1. The identity of the Claimant, AXB, EXB, RXB and PXB in these proceedings is
confidential and shall not be published. For this purpose: –
(i) ‘publication’ includes any speech, writing, broadcast, or other
communication in whatever form, which is addressed to the public at
large or any section of the public.
(ii) Publication of any name, address, picture, or other information that could
lead to identification of AXB or EXB as involved in these proceedings is
prohibited.
2. In any judgment or report of these proceedings, or other publication (by
whatever medium) in relation thereto, the Claimant shall be referred to as AXH,
the Claimant’s dependants shall be referred to as AXB and EXB, and the
deceased shall be referred to as RXB and PXB. Any other details liable to lead
to the identification of AXB or EXB (including any names of other family
members or addresses) shall be redacted before publication.
3. There shall not be disclosed in any report of the proceedings the name, address
or picture of the Claimant or AXB or EXB, or any member of the Claimant’s
family, nor any information which is liable to or might lead to the identification
of AXB or EXB, or any member of their family. The Claimant, AXB, EXB, RXB
and PXB shall be referred to as set out in paragraph 2 of this Order.
4. There shall be substituted for all purposes in these proceedings, in place of
references to the Claimant, her dependants and the deceased, references to
“AXH”, “AXB”, “EXB”, “RXB” and “PXB” respectively.
5. Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the 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 paragraph 4 above and the Claimant’s solicitor shall
file copies of anonymised versions of those documents within 21 days.
(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.
6. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 9th November 2021 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 person affected by any of the restrictions in this Order may apply to the
Court to vary or discharge this Order (or so much of it as affects that person),
but at least 7 days’ written notice of any such application and the evidence
relied upon must first be given to the Claimant’s Solicitors.
8. For the avoidance of doubt, paragraphs 1 to 5 above shall not apply to the
following, which do not constitute publication within the meaning of paragraph
1 (providing always that proper steps are taken to protect the confidentiality of
information from being made public): –
(i) Communication between the Court Funds Office and the anonymised
parties, in relation to the payment of money into the Court Funds Office
for the benefit of the anonymised parties or the investment or treatment
of payment out of money.
(ii) Communications between the Court Funds Office, the Claimant’s or
AXB’s or EXB’s representatives, or any financial institution concerned
as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s or AXB’s or
EXB’s representatives, or any financial institution concerned as to the
receipt or investment of the Claimant’s money.
(iv) Retention by the parties and/or their representatives of their unredacted
files for the purpose of their continuing functions and obligations in
relation to the proceedings.
(v) Communications between the Defendant, his/her legal advisors, his/her
insurers and/or the Compensation Recovery Unit.
9. Pursuant to the “Practice Guidance: Publication of Privacy and Anonymity
Orders” issued by the Master of the Rolls on 17th 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.
10. The costs of obtaining this order be costs in the case.