BPA -v- NXT (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case number: KB-2025-003669

In the High Court of Justice
King’s Bench Division

3 February 2026

Before:

The Hon Mrs Justice Heather Williams DBE

Between:

BPA

-v-

NXT

Order

UPON the Claimant’s Claim Form issued on 9 October 2025

AND UPON Master Dagnall’s direction sent to the parties on 10 October 2025 stating that the Claimant must serve her Claim Form and Particulars of Claim with a medical report regarding injuries relied upon (or an explanation of why such a report has not been obtained)

AND UPON the Particulars of Claim served on 26 October 2025

AND UPON the Defendant’s application dated 12 November 2025 (issued on 13 November 2025) for the Claimant to serve a medical report by 24 November 2025 and for an extension of time for service of the defence

AND UPON the Claimant’s response dated 14 November 2025 opposing the Defendant’s application

AND UPON the Defendant’s application dated 17 December 2025 (issued on 18 December 2025) seeking the striking out of the claim and/or reverse summary judgment, orders regarding anonymity and reporting restrictions in respect of the Defendant’s identity and an extension of time for service of the defence in the event that the claim is not struck out

AND UPON the President of the King’s Bench Division assigning the case to Mrs Justice Heather Williams, including the outstanding applications

IT IS ORDERED THAT:

  1. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings or otherwise published, the name or address of the Claimant or other immediate family members, or any details (including other names, addresses or a specific combination of facts) that could lead to the identification of BPA as the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 3 of this Order.
  2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings or otherwise published, the name or address of the Defendant or other immediate family members, or any details (including other names, addresses or a specific combination of facts) that could lead to the identification of NXT as the Defendant in these proceedings. The 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 to these proceedings:
    a) The Claimant shall be referred to as BPA
    b) The Defendant shall be referred to as NXT
    c) Any other details which, on their own, or together with other information publicly available, may lead to the identification of the claimant or the defendant shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    a) 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 3 above;
    b) If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any document or communication, such application shall be made on at least 3 working days’ notice to the parties.
  5. The Orders at paragraph 1 – 4 above are to remain in force until the hearing referred to at paragraph 7 below and the Court’s Order made at or consequent upon that hearing.
  6. Any interested person may apply to the Court to vary or discharge all or part of the Orders made at paragraphs 1 – 5 above, provided such application is made on at least 3 working days’ notice to the parties.
  7. The Defendant’s application dated 17 December 2025 and (to the extent it remains live) the Defendant’s application dated 12 November 2025 are to be listed for a 3 hour hearing before Mrs Justice Heather Williams as soon as is reasonably practicable after 9 March 2026.
  8. The hearing referred to at paragraph 7 will be held remotely via Ms Teams or such other platform as will be notified by the Court.
  9. Any witness statement or other response which the Claimant wishes to rely upon in respect of the Defendants’ applications must be filed and served by 4pm on Friday 20 February 2026.
  10. The Defendant is to prepare, file and serve an indexed paginated bundle of documents for use at the hearing referred to in paragraph 7 by 4pm on Friday 27 February 2026. The contents of the bundle are to be agreed between the parties if possible.
  11. Any skeleton argument that either party wishes to rely upon at the hearing referred to in paragraph 7 above must be served and filed at least 3 working days before the hearing.
  12. If the Claimant wishes to be assisted by a McKenzie Friend at the hearing referred to at paragraph 7 above, at least 7 days before the hearing she must inform the Court of the identity of the proposed McKenzie Friend and provide a statement from the proposed McKenzie Friend confirming they have no interest in the case and that they understand the role of a McKenzie Friend and the duty of confidentiality that applies (see paragraphs 2.33 – 23.5 of the King’s Bench Guide 2025 for further details).
  13. For the avoidance of doubt, this case will be case-managed by Mrs Justice Heather Williams until further order.
  14. Costs reserved.
  15. 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.

Reasons

  1. The Defendant’s application for anonymity and associated reporting restrictions requires full consideration at the hearing I have directed at paragraph 7 of the Order above. I am prepared to grant a limited order to that effect for the interim so as to “hold the ring”, as if the Defendant’s identity is published at this stage, the purpose of the application is likely to be defeated before submissions have been heard and the application determined. I am satisfied that there is sufficient potential force in the application and a potential infringement of the Defendant’s rights under Article 8 of the European Convention on Human Rights (ECHR) to warrant making this limited incursion upon the fundamental principle of open justice and Article 10 ECHR rights. It is necessary and proportionate to do so in the circumstances.
  2. The Claimant’s response of 14 November 2025 refers to an earlier application for anonymity that she made, although there does not appear to be any formal application to that effect on the Court file. In any event it may be the case that the Sexual Offences (Amendment) Act 1992 would prohibit the publication of the Claimant’s identity. I put it in this qualified way because although I have seen a copy of the Claim Form, neither party has provided the Court with the Particulars of Claim. In the circumstances I am satisfied that it is necessary and appropriate to make a “hold the ring” Order in similar terms in respect of the Claimant.
  3. The Defendant’s application to strike out the claim and/or for summary judgment needs to be addressed at a hearing. I have made provision for the Claimant to file a response to this application by a stipulated date if she wishes to do so. The Defendant’s application for an extension of time will be addressed by the Court if the strike out / summary judgment application is refused. For the avoidance of doubt, the Defendant is not required to file a defence in the interim.
  4. In light of the contents of the Claim Form and the Claimant’s request therein, I have provided for the hearing referred to at paragraph 7 of this Order to be heard remotely.