BXA and Ors -v- Bukowski and Ors (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2020-000299
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Hon Mr Justice Soole
(Dependant & Administrator of the Estate of ZXA (Deceased)
SXA (a protected party by her father and
Litigation Friend BXA)
SAX (a protected party by her father and
Litigation Friend BXA)
(1) WOJCIECH STANISLAW BUKOWSKI
(2) PZU S-A POWSZECHNY ZAKLAD UBEZPIECZEN
BEFORE the Honourable Mr Justice Soole sitting in the Royal Courts of Justice on 4th April 2022.
AND UPON hearing Leading Counsel, Elizabeth Gumbel QC for the 4th – 7th Claimants and Benjamin Browne QC and Anna Hughes, Leading and Junior Counsel respectively for the Defendants
AND UPON the 4th – 7th Claimants’ Application
AND UPON IT APPEARING that publication of the circumstances giving rise to this claim and any settlement arising therefrom would, absent this Order, involve unjustifiable interference with the Article 8 rights of the Claimants.
AND UPON consideration of the 4th – 7th Claimants’ Article 8 right to respect for private family life and Article 10 right of freedom of expression
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED that:
1. In these proceedings the 4th – 7th Claimants’ and the Deceased shall herein after be referred to as BXA, YXA, SXA, SAX and ZXA respectively.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the 4th – 7th Claimants and/or the Deceased or any details leading to the identification of the 4th – 7th Claimants and/or the Deceased and the 4th – 7th Claimants and the Deceased shall be referred to in any report of the proceedings as BXA, YXA, SXA, SAX and ZXA respectively.
3. To the extent necessary to protect the 4th – 7th Claimants’ and Deceased’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
4. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that:
i. the 4th – 7th Claimants and the Deceased are referred to in those documents only as BXA, YXA, SXA, SAX and ZXA respectively; and
ii. the address of the 4th – 7th Claimants and the Deceased has been deleted from those documents.
5. A non-party may not inspect or obtain the copy of any document from the court file (other than this order – duly anonymised as directed) without the permission of a Master. Any application for such permission must be made on notice to the 4th – 7th Claimants (the court will effect service).
Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the main settlement order in this claim and paragraphs 1 to 5 shall not apply in those respects.
6. A non-party may apply to set aside or vary this order.
7. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the 4th – 7th Claimants and the Deceased shall be referred to as BXA, YXA, SXA, SAX and ZXA respectively.
Dated 4th April 2022