CMD and others -v- Pawar (anonymity order)
Case Number: J23YX483
In the County Court at
Reading
9 January 2024
Before:
Deputy District Judge Don
Between:
CMD
JI(D
LXD
GXD
RXD
SHXD
HXD
IXD
KOD
LBD
MBD
NSD
OKD
PGD
-v-
Mr Manga Singh Pawar
Anonymity Order
BEFORE Deputy District Judge Don sitting in the Reading County Court on 9th January 2024 by way of remote CVP hearing,
UPON HEARING Counsel for the Claimant and for the Defendant AND UPON:
(1) Consideration of the minor Claimants’ Article 8 rights respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the minor Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the minor Claimants and that there is no sufficient countervailing public interest in disclosure.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT
- The identity of all the Claimants who are a party to these proceedings is to remain confidential and shall not be published.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 address of any of the Claimants, the deceased or any other dependent, 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 the minor Claimants in these proceedings. The Claimants and the deceased shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant, who is the widow of the deceased, shall be referred to as “CMD”.
(ii) The Claimant, who is the son of the deceased, shall be referred to as “JKD”.
(iii) The Claimant, who is the wife of the deceased’s son, shall be referred to as “LXD”.
(iv) The Claimant, who is the eldest granddaughter of the deceased, shall be referred to as “GXD”.
(v) The Claimant, who is the second eldest granddaughter of the deceased, shall be referred to as “RXD”.
(vi) The minor Claimant, who is separately pursuing a claim as a secondary victim, shall be referred to as “SHXD”
(vii) The minor Claimants shall be referred to as “HXD”‘ “IXD” KOD” “LBD” MBD” “NSD” OKD”
“PGD”
(viii) The deceased shall be known as “TXD”
(ix) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants or the deceased (including any names of other immediate family members or their addresses) shall be redacted before publication.
- The address of the Claimants and of the deceased shall be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
- 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(i) and (ii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPRr.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.
- 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 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 9 January 2024 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.”
- The original of any statement of case disclosing the name or address of any Claimant, or of the deceased 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”.
- 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.
- 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.
- The costs of obtaining this order be costs in the case.