Between: SHX (Executrix of Estate of JHX (Deceased) -v- Dr Brian Bourke (anonymity order)
Claim No: QB-2022-000010
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 05/01/2022
Before
Master Eastman
Between:
SHX (Executrix of Estate of JHX (Deceased)
-v-
Dr Brian Bourke
ANONYMITY ORDER
Warning: Reporting restrictions apply as to the disclosing of any information
that may lead to the subsequent identification of the Claimants. The
publication of the names and addresses of the Claimants is prohibited.
UPON READING an application notice by the Claimant dated 5 January 2021
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 Deceased and of the Executrix of the Estate of the
deceased be not disclosed.
2. That the Deceased and of the Executrix of the Estate of the deceased 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 “JHX” (Deceased) and
“SHX” (Executrix of the Deceased)
3. That the address of the Claimant and Deceased 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 Claimant’s name or address or the name or address of the
Deceased 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 or of the Deceased 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”.
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 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.
9. That the Claimant do draw and file this Order and serve the same on the
Defendant within 7 days of the date of this Order.
10. That the Claimant do comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or
varied.
12. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
13. A copy of this order shall be published on the Judicial Website of the High Court
of Justice specifying that the Claimant shall be referred to as SHX and the
Deceased as JHX.
14. Costs in the case