FXA and others -v- Caisse Regionale D’assurances Mutuelles Agricoles D’oc (anonymity order)
Claim Number: QB-2020-004483
In The High Court Of Justice
King’s Bench Division
13 May 2024
Before:
Mrs Justice Foster DBE
Between:
(1) FXA
(2) FXB
(3) FXC
(4) FXD
(5) FXE
-v-
Caisse Regionale D’assurances Mutuelles Agricoles D’oc – Groupama D’oc
(A company registered under the laws of the Republic of France)
Anonymity Order
ON 13 May 2024
BEFORE Mrs Justice Foster DBE
UPON HEARING Counsel for the Claimants and Counsel for the Defendant
AND UPON the Defendant indicating its neutrality to the making of the order
AND UPON there being no representations made by any member of the press
AND UPON consideration of the protected parties (the Fourth and Fifth Claimant) 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 all five Claimants is necessary in order to protect the interests of the protected parties.
AND PURSUANT to section 6 of the Human Rights Act 1998, 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 First Claimant, Second Claimant, Third Claimant, Fourth Claimant and Fifth Claimant shall be not disclosed.
2. That the address of the First Claimant, Second Claimant, Third Claimant, Fourth Claimant and Fifth Claimant be stated in all future statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
3. The First Claimant, Second Claimant, Third Claimant, Fourth Claimant and Fifth Claimant be described in all future 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 “FXA”, “FXB”, “FXC”, “FXD” and “FXE” respectively.
4. 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. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked as follows “An anonymity Order was made on the 13 May 2024”.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the First Claimant, Second Claimant, Third Claimant, Fourth Claimant and Fifth Claimant. The publication of the name and address of the First Claimant, Second Claimant, Third Claimant, Fourth Claimant and Fifth Claimant is prohibited.
6. The provisions of this Order shall not apply:-
a) to communications between the Court Funds Office and the anonymised party and/or Litigation Friend and/or the claimant’s Deputy 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;
b) to communications between the Court Funds Office and/or the anonymised party and/or Litigation Friend and/or the claimant’s Deputy and any financial institution concerned as to the receipt or investment of such money; or
c) to records kept by the Court Funds Office or the anonymised party and/or Litigation Friend and/or the claimant’s Deputy or any such financial institution in relation to such money.
7. Nothing in this order shall apply to communications between the Defendant and its legal advisers or reinsurers or any communications with the CRU or retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. A copy of this Order shall be published on the judicial website of the High
Court of Justice specifying that the First Claimant, Second Claimant, Third Claimant Fourth Claimant and Fifth Claimant shall be referred to as FXA, FXB, FXC, FXD, FXE.
The Hon Mrs Justice Foster DBE
Dated this 13 day of May 2024