EFG -v- N.O.P (anonymity order)

County CourtAnonymity Order

Claim number: K00SB093

In the County Court at Salisbury

28 September 2023

Before:

District Judge Bloom-Davis

Between:

EFG (WIDOW AND ADMINISTRATOR OF THE ESTATE OF HIJ, DECEASED)
KLM (A CHILD BY HIS LITIGATION FRIEND EFG)

-v-

N.O.P.

Order

BEFORE DISTRICT JUDGE Bloom-Davis on 18 September 2023 sitting at Salisbury County Court.

UPON hearing Mr Thomas Banks, Counsel for the Claimant, and Mr Holmes, Counsel for the Defendant.

AND WHEREAS HIJ, Deceased (the ‘Deceased’), died on 29 July 2021.

AND WHEREAS the First Claimant is the Administrator of the Estate of the Deceased by virtue of a grant of
Letters of Administration dated 3 May 2023, a copy of which grant is before the Court.

AND WHEREAS the Claimants are the dependents of the Deceased for the purposes of the Fatal Accidents Act 1972.

AND WHEREAS the Claimants have intimated claims on behalf of the Estate of the Deceased and claims on
behalf of all dependents of the Deceased (collectively, the ‘Claim’) against the Defendant in respect of and arising out of the death of the Deceased.

AND WHEREAS the Second Claimant is a child who brings this claim by his Litigation Friend.

AND UPON consideration of the Article 8 rights of the Claimants 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 Claimants and the Litigation Friend is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and the Litigation Friend and that there is no sufficient countervailing public interest in disclosure.

AND UPON it appearing that non-disclosure of the identity of the Deceased and the Defendant is necessary to
prevent derivative identification 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 (1)
above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings


BY CONSENT IT IS ORDERED THAT

  1. The identity of the Deceased, the Claimants, the Litigation Friend and the Defendant as parties to these
    proceedings is confidential and shall not be published.
  2. 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 the Deceased, the Claimants, the Litigation Friend and/or the Defendant or other immediate
    family members of the Claimants, or any details (including other names, addresses, or a specific combination of
    facts) that could lead to the identification of EFG and KLM as the Claimants in these proceedings. The Claimants
    and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The First Claimant shall be referred to as “EFG”.
    (ii) The Second Claimant shall be referred to as “KLM”.
    (iii) The Litigation Friend shall be referred to as “EFG”
    (iv) The Deceased shall be referred to as “HIJ”.
    (v) The Defendant shall be referred to as “NOP”.
    (vi) Any other details which, on their own or together with other information publicly available, may lead to the
    identification of the Deceased, the Claimants, the Litigation Friend or the Defendant (including any names of
    other immediate family members or their addresses of the Claimants) shall be redacted before publication.
  4. 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 (vi) 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 the Claimants’ solicitor.
  5. The Claimants’ 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 4pm on 9 October 2023 and re-filed in the event that
    any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 18
    September 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.”
  7. 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 Claimants’ solicitor, trustee or deputy.
  8. 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.
  9. The costs of obtaining this order shall be the Claimants’ costs, to be assessed on the standard basis by detailed
    assessment at the conclusion of proceedings if not agreed.