AXH -v- RXH (anonymity order)
Claim No. QB-2018-005145
In the High Court of Justice
Queen’s Bench Division
14 July 2020
Before:
Master Sullivan
Before:
(1)AXH (A protected party by his brother and litigation friend DXH)
(2)DXH (As Executor of the Estate of BXH, Deceased)
-v-
(1)RXH
(2) American International Group UK Limited(Company Number 10737370)
UPON this hearing being conducted in private and by telephone, pursuant to CPR PD51Y;
AND UPON hearing Ben Bradley, of counsel on behalf of the Claimants and Sarah Pritchard, one of Her Majesty’s counsel on behalf of the Defendants;
AND UPON consideration of the First 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 First Claimant is necessary in order to protect the interests of the First 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 First Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants be not disclosed.
2. That the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her dependants be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as follows:
a. to the First Claimant by name, and whether orally or in writing, references to the letters AXH;
b. to the Litigation Friend/Second Claimant by name, and whether orally or in writing, references to the letters DXH;
c. to the First Defendant by name, and whether orally or in writing, references to the letters RXH;
d. to the Deceased by name, and whether orally or in writing, references to the letters BXH;
e. to the Deceased’s dependant granddaughter (as named in the Preliminary Schedule of Loss), MXH;
f. to the Deceased’s youngest dependant grandson (as named in the Preliminary Schedule of Loss), ZXH;
g. to the Deceased’s eldest dependant grandson (as named in the Preliminary Schedule of Loss), CXH
3. That the address of the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the name or address of the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants is to be placed on the on the Court file marked: “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. 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. 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”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants. The publication of the name and address of the Claimant; his litigation friend/the Second Claimant; the First Defendant; the Deceased and her other dependants or of any member of their immediate family is prohibited.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.