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DXR -v- Chelsea Football Club Ltd and others (anonymity order)

|High Court|Anonymity Order

Claim No. QB-2020-000294

In the High Court of Justice
Queen’s Bench Division

10 February 2020

 

Before:

Master Davison

Between:

DXR

-v-

Chelsea Football Club Ltd

CFAC Ltd

The Queen’s Park Rangers Football & Athletics Club Ltd

 


UPON the Claimant’s ex parte application and
UPON reading the claim form herein
AND for the following reasons:
1) The allegations in this action are likely to attract publicity
2) Publicity revealing the identity of the Claimant is likely to bring with it intrusions into the Claimant’s privacy;
3) Those intrusions may well have serious consequences for the Claimant;
4) In the circumstances of this action, (a) the Article 8 rights of the Claimant cannot be protected without restrictions on the Article 10 rights of the public and the press, but (b) the preceding factors make it necessary to give priority to the Claimant’s Article 8 rights;
AND pursuant to the Contempt of Court Act 1981, s.11, the Civil Procedures Rules 1998. Rules 5.4A-d and 39.2 and the inherent jurisdiction of the Court

It is ORDERED as follows:
1) There must be substituted for all purposes in this action in place of reference to the Claimant by name, and whether orally or in writing, reference to the character DXR;
2) To the extent necessary to protect the Claimant’s identity, any references, whether to persons or to places or otherwise, must be adjusted appropriately, with leave to the parties to apply in default of agreement as to the manner of such adjustment;
3) So far as the claim forms, or any judgement, order or other document to which anyone might have access pursuant to Rule 5.4A-D or otherwise at any time does not comply with 1 and 2 above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therewith; such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are to be retained by the Court in a sealed envelope marked “Not to be opened without the leave of a judge or master of the Queen’s Bench Division”;
4) If a person not a party to the action seeks a copy of any document pursuant to Part 5.4A-D of the Civil Procedure Rules, any such document must be referred to the Practice Master to ensure it complies with this order;
5) A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction;
6) Reporting restriction apply as to the disclosing of any information that may lead to the subsequent identification of the parties;
7) Any non-party affected by this order may apply on notice to set aside or vary this order;
8) There is liberty to all parties to apply; and
9) Costs in case.

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