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EVX -v- Smith (anonymity order)

|High Court|Anonymity Order

Claim No.: QB-2018-006827

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

10 February 2021

Before:
Master Eastman
Between:
EVX (a Minor, by her Mother and Litigation Friend, XYZ)
– v-
Julie Smith (personal Representative of the Estate of Dr Peter Smith, deceased)


BEFORE Master Eastman, sitting in the Royal Courts of Justice
UPON HEARING Eliot Woolf QC of Counsel on behalf of the Claimant and Suzie McCluney, Solicitor for the Defendant
AND UPON
(1) Consideration of the Article 8 rights of the Claimant to 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 Claimant is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
(3) The Defendant indicating its neutrality to the making of the order
(4) Noting that pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 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 pdf copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
AND PURSUANT to Section 11 of the Contempt of Court Act 1981, and CPR 5.4 A to D and CPR 39.2:
IT IS ORDERED THAT:
1. That the identity of the Claimant and their mother and litigation friend be not disclosed. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “EVX”. Likewise, the mother and Litigation Friend shall be referred to as “XYZ”.
2. The Claimant and their Litigation Friend shall 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 EVX” and “XYZ” respectively.
3. The address of the Claimant and of the Litigation Friend shall 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. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant, the Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant or the Litigation Friend is to be placed in 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 electronic file shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”
6. 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 shall be made on at least 7 days’ notice to the Claimant and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Litigation Friend is prohibited.
8. The provisions of this Order shall not apply to:
(i) Communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) Communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;

(iii) Records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
9. Nothing in paragraphs 1 to 8 above shall prohibit the Defendant or its indemnifiers and their legal and professional advisers from disclosing the Claimant’s name, address or any information tending to identify her to any other person or body as required by law or for the purpose of the conduct of this litigation or complying with any order of the Court.
10. The costs of obtaining this order be costs in the assessment.

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