DXY -v- UK Coal SMR Limited (anonymity)
Claim No. E91LE357 and E383YJ844
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LEICESTER DISTRICT REGISTRY
6 November 2020
(A Protected Party by his Litigation Friend, RXY)
UK COAL SMR LIMITED
BEFORE HHJ Hedley sitting as a Section 9 Judge of the High Court at Leicester District Registry 6th November 2020
UPON hearing Mr Satinder Hunjan QC for the Claimant and Andrew Lewis QC for the Defendant
AND UPON consideration of the Claimant’s 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 is necessary in order to protect the interests of the Claimant.
AND PURSUANT to 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 identity of the Claimant and of the litigation friend be not disclosed.
2. That the Claimant and the litigation friend 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 “DXY”” and “RXY” respectively.
3. That the address of the Claimant and of the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend 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 name or address of the Claimant or of the litigation friend 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. 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 Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend in connection with these proceedings. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
8. That the provisions of this Order shall not apply to communications between the Defendants and/or its Solicitors with reinsurers or other persons or entities for the purposes of administration and making of periodical payments to the Claimant.
9. That the Defendants may apply under rule 23.10 to have this Order set aside or varied.
10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.