CDE and others -v- TUV and WXY (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2022-002826

In The High Court Of Justice
King’s Bench Division

26 June 2023

Before:
Master Yoxall
Sitting In Retirement

Between:
CDE
(As Dependant Of, And Administratrix Of The Estate, Of FGH, Deceased, And On Behalf Of Dependants Of FGH Including IJK And LMN Who Are Children)
-v-
(1) TUV
(2) WXY

Anonymity Order

UPON the Claimant’s application dated 15th May 2023
AND UPON HEARING Counsel for the Claimant and Counsel for the Defendants
AND UPON consideration of the Claimants’ 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 and those upon whose behalf she is acting as Claimant and
• the identity of the deceased, and
• the identities of the children of the Claimant and the deceased
• the identities of the Defendants
is necessary in order to protect the interests of the children of the Claimant and the deceased, namely IJK and LMN, who are children.
AND PURSUANT to section 6 of the Human Rights Act 1998, 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 identities of the Claimant, the deceased, and the children of the Claimant and the deceased; and the identities of the Defendants be not disclosed.
  2. That the Claimant, the deceased and the children of the Claimant and 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 “CDE”, “FGH”, “IJK” and “LMN” respectively.

  1. That the First and Second Defendants 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 “TUV” and “WXY” respectively.
  2. That the address of Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of her solicitors.
  3. That the addresses of the First and Second Defendants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of their respective solicitors.
  4. That in so far as necessary, any statement of case or other document disclosing the name or address of the Claimant, the deceased or the children of the Claimant and the deceased; or the name or address of the First or Second Defendants 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 names or addresses of the Claimant, the deceased and/or the children of the Claimant and the deceased, and/or the names or addresses of the First, and/or Second Defendants 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. The Court electronic file should record that an anonymity order has been made in this case.
  7. 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 First and Second Defendants and the Court will effect service by notifying the parties’ solicitors presently acting. The file is to be retained by the Court and marked “Anonymised”.
  8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the deceased and/or the children of the Claimant and the deceased or the First and/or Second Defendants. The publication of the names and addresses of the Claimant, the deceased and/or the children of the Claimant and the deceased or the First and/or Second Defendants is prohibited.
  9. The provisions of this Order shall not apply:-
    (i) to communications between the Court Funds Office and the anonymised parties in relation to the payment of money into the Court Funds Office for the benefit of IJK and/or LMN or the investment or treatment of payment out of such money;
    (ii) to communications between the Court Funds Office and/or the anonymised parties and any financial institution concerned as to the receipt or investment of such money;
    or
    (iii) to records kept by the Court Funds Office or the anonymised parties or any such financial institution in relation to such money.
  1. Nothing in paragraphs 1 to 11 above shall prohibit the Defendants or their insurers from disclosing the anonymised parties’ names, addresses or any information tending to identify them to their reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.
  2. There shall be permission to apply in respect of this Order.
  3. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  4. 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.
  5. There be no order as to costs

Dated 23 June 2023