EXB -v- Farrell (anonymity order)
CASE NO. QB-2021-001217
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 15/06/2022
Before:
MASTER THORNETT
BETWEEN:
EXB
(Administratrix of the Estate of DIB, deceased)
-v-
Dr Michael Brendan Farrell
ANONYMITY AND PROHIBITION OF PUBLICATION ORDER
UPON consideration of the Child Dependants’ 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 Child Dependants is
necessary in order to protect their interests.
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 identities of the Claimant, the Deceased and the Child Dependants and
their parents herein be not disclosed.
2. That the Claimant, the Deceased and the Child Dependants and their parents herein
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 “EXB”, “DIB”, “CXB”, “MXB”, “SRI”
and “LXB” respectively.
3. That the address of the Claimant 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 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 is to be placed on the electronic Court file marked “not to be disclosed
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 affect 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. The publication of the name
and address of the Claimant or of any member of the Claimant’s immediate family,
including the names and addresses of the Child Dependants and their parents, is
prohibited.
8. The provisions of this Order shall not apply:-
(i) to 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) to 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; or
(iii) to records kept by the Court Funds Office or the anonymised party or
Litigation Friend or any such financial institution in relation to such
money.
9. That any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.
DATED this 14 day of June 2022