BXB -v- Ministry of Defence and another (anonymity order)
Claim Number: KB-2022-004406
In the High Court of Justice
King’s Bench Division
12 May 2025
Before:
Master Gidden
Between:
BXB (WIDOW & ADMINISTRATRIX OF THE ESTATE OF BXA (DECEASED))
-v-
Ministry of Defence
Capita Business Services Ltd
Order
UPON HEARING Leading Counsel for the Claimant and Counsel for the First and Second Defendants respectively
AND UPON the parties having agreed the terms of settlement set out in the confidential Schedule to this Order
AND UPON READING the following namely:
- Leading Counsel’s advice on approval; and
- The Witness Statement of BXB.
AND UPON
- Consideration of the Article 8 rights of one of the Dependents, BXC, to respect for private and family life, and the Article 10 right to freedom of expression.
- It appearing that non-disclosure of the identity of the Dependent (and hence in order to prevent mosaic identification of that Dependent, the Claimant) is necessary to secure the proper administration of justice and in order to protect the interests of the above and that there is no sufficient countervailing public interest in disclosure.
- The Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
WHEREAS for the purposes of this order:
- ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
- Publication for the purpose of this Order includes any further publication (as defined above) from the date of this Order
AND WHEREAS the Court has determined that both the substance of this Order together with the anonymity provisions are in the best interests of the Dependent BXC.
AND WHEREAS it is recorded for the better comprehension of the reader of this Order that BXB holds the following status within this litigation, namely
- Of being the Personal Representative of the Estate of BXA;
- Of themselves being a Dependent of BXA
AND UPON the Claimant’s solicitors waiving any contractual right they may possess to recoup from the damages recovered in this case any irrecoverable party and party costs insofar as those damages relate to the provision made in BXC’s name alone
AND UPON the Litigation Friend consenting to the Claimant’s solicitors costs being deducted solely from her damages so as to ensure that the Dependent’s apportionable fraction of the damages suffers no deduction of any nature whereby the Court is permitted not to order that the Claimant’s Solicitors’ costs be subject to detailed assessment pursuant to CPR Part 46.4(2)(a)
AND UPON the Claimant’s solicitors consenting to file a certificate of suitability for BXD as the Litigation Friend of BXC by 4 00 pm 15.05.25
BY CONSENT OF THE PARTIES IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant (BXB), or other immediate family members (including BXC and BXD), or of the Deceased (BXA) or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings.
3. BXD is appointed as BXC’s litigation friend.
4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
- The Deceased shall be referred to as “BXA”
- The Claimant (in respect of each capacity in which they are present within this litigation) shall be referred to as “BXB”
- The Minor Dependent shall be referred to as “BXC”
- The Litigation Friend shall be referred to as “BXD”
Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
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 subparagraphs 3.1. to 3.6. inclusive above.
(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, trustee or deputy.
6. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by [date – 21 days from date of the order], and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 12.05.2025 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.”
8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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. Save for the carrying out of those clauses set out at paragraphs 1 – 8 above and those further terms set out in the confidential Schedule a copy of which is attached hereto (which Schedule is confidential and therefore not to be filed at Court), this action shall be stayed.
11. Other than as set out in the Schedule there shall be no order as to costs.
12. There shall otherwise be liberty to apply including as to implementation of this order.