ECK -v- BBA and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2020-003490

In the High Court of Justice
King’s Bench Division

26 October 2023

Before:
Master Dagnall

Between:
ECK
(ADMINISTRATRIX OF THE ESTATE OF ARE DECEASED AND ON HER OWN
BEHALF AND ON BEHALF OF THE DEPENDANTS OF THE DECEASED)
-v-
(1) BBA
(2) RDB
(3) TRC

Order

BEFORE Master Dagnall sitting in The High Court of Justice, King’s Bench Division on 26 October 2023 conducting a hearing remotely by Microsoft Teams.

UPON HEARING Counsel for the Claimant and Counsel for the First, Second and Third Defendants

AND UPON the application notice dated 25 September 2023 AND:
(1) Consideration of the Article 8 rights of the Claimant and her three children VSK, URE and MJE to respect for private and family life, and the Article 10 right to freedom of expression.
(2) Consideration of the Article 6 rights of the First, Second and Third Defendants to a fair hearing of the ongoing criminal proceedings brought against them
(3) It appearing that non-disclosure of the identity of the Claimant and her children is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and her children and that there is no sufficient countervailing public interest in disclosure.
(4) It appearing that non-disclosure of the identity of the First, Second and Third Defendants is necessary to secure the rights of the First, Second and Third Defendants and that there is no countervailing public interest in disclosure during the continuance of the ongoing criminal proceedings against the First, Second and Third Defendants.
(5) The Defendants requesting the making of the order and there being no representations from the press or any other interested party.

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 (i) 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 BY CONSENT THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. There shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, 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 ECK as the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 5 of this Order.
  3. The identity of the First, Second and Third Defendants as parties to these proceedings is confidential for the time being and shall not be published until the ongoing criminal proceedings have concluded namely by Crown Court trial, any appellate process arising from that trial and any subsequent retrial, or by further order, the First, Second and Third Defendants having permission to apply.
  4. There shall not be disclosed in any report of these proceedings or other publication the name or address of the First, Second and Third Defendants their directors and officers, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the First, Second and Third Defendants in these proceedings. The Defendants shall be referred to as set out at paragraph 5 of this Order.
  5. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “ECK”.
    (ii) The Deceased shall be referred to as “ARE”
    (iii) The Claimant’s eldest child shall be referred to as “VSK”
    (iv) The Claimant’s middle child shall be referred to as “URE”
    (v) The Claimant’s younger child shall be referred to as “MJE”
    (vi) The First Defendant shall be referred to as “BBA”
    (vii) The Second Defendant shall be referred to as “RDB”
    (viii) The Third Defendant shall be referred to as “TRC”
    (ix) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (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:
    (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) to (iii) above.
    (ii) 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 (a) the Claimant’s solicitor and (b) the solicitor for the First Defendant and (c) the Solicitor for the Second Defendant and (d) the solicitor for the Third Defendant.
  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 3 above by 17 November 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  8. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 October 2023 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.”
  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. The costs of obtaining this order be costs in the case.