CDX -v- Ministry of Defence (anonymity order)
Claim no: QB-2020-001494
In the High Court of Justice
King’s Bench Division
12 December 2022 and 15 December 2022
Before:
Mr Justice Soole
Between:
CDX (as an on behalf of the dependants of EFX)
-v-
Ministry of Defence
Anonymity Order
BEFORE Mr Justice Soole sitting in the High Court of Justice, Strand, London on 12 December 2022 and 15 December 2022
UPON hearing Counsel for the Claimant via video link and Counsel for the Defendant via video link.
AND UPON the Claimant attending the hearing via video link.
AND FURTHER UPON the settlement being approved as per the terms set out in the Order dated 27 June 2022 and sealed on 22 August 2022.
IT IS ORDERED
- The provisions at paragraphs 2 to 10 of this Order replace, in full, paragraph 1 of the Order of His Honour Judge Salmon dated 27 June 2022.
- The identities of the Claimant, the deceased and the dependants of the deceased are confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or (where applicable) the address of the Claimant, the deceased or the dependants of the deceased, or any details (including other names, addresses, or a specific combination of facts) that could lead to their identification. The Claimant, the deceased and the dependants of the deceased shall be referred to as set out at paragraph 4 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
- The Claimant shall be referred to as “CDX”
- The deceased shall be referred to as “EFX”
- The elder of the deceased’s dependent children shall be referred to as “AA”;
- The younger of the deceased’s dependent children shall be referred to as “BB”.
5. Any other details which, on their own or together with other information publicly available, may lead to the identification of CDX, EFX, AA or BB (including any names of other immediate family members or their addresses) shall be redacted before publication.
6. 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 4 above.
b) 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.
7. 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 4 above by 5 January 2023.
8. The Court file shall be clearly marked with the words “Anonymity orders were made in this case 27 June 2022 and 15 December 2022. 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 the Order dated 15 December 2022.”
9. 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.
10. 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
11. All further proceedings be stayed except that either party has permission to apply to the Court for the purpose of carrying this Order into effect.