GXO -v- Newcombe Electrical Limited (anonymity order)

Administrative CourtHigh CourtAnonymity Order

Claim No. QB-2022-002043

In the High Court of Justice
King’s Bench Division

1 October 2024

Before:

Master Eastman

Between:

GXO via her Litigation Friend, NXC
(as the widow and administratrix of the Estate of DXO, deceased)

-v-

Newcombe Electrical Limited

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CONSENT ORDER

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UPON reading the Claimant’s Application dated 18 June 2024.

AND UPON consideration of the Claimant’s, and the Claimant’s child’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression.

AND UPON IT APPEARING the case is at risk of attracting publicity and that revealing the identity of the Claimant, the Deceased, the Litigation Friend, and the Claimant’s child, is likely to unfairly damage the interests of the Claimant and his or her immediate family and that, accordingly, publication of details revealing the Claimant, the Deceased, the Litigation Friend and the Claimant’s child identity ought to be prohibited.

AND PURSUANT to s.11 Contempt of Court Act 1981 and CPR 5.4A to 5.4D and CPR 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

  1. The identity of the Claimant, their Litigation Friend, the Claimant’s Child, and
    the Deceased in these proceedings is confidential and shall not be published.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 Claimant, the Claimant’s child, the Deceased, the Claimant’s Litigation Friend, or other immediate family members (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant, their Litigation Friend, their Child and the Deceased 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 Claimant shall be referred to as “GXO”.
    (ii) The Litigation Friend shall be referred to as “NXC”
    (iii) The Claimant’s Child shall be referred to as “PXB”
    (iv) The Deceased shall be referred to as “DXO”
    (v) 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.
  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 (iv) 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 Claimant’s solicitor, trustee or deputy.
  5. 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 16 July 2024, 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 6th September 2024 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 Claimant’s 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 be costs in the case.
  10. There be liberty to apply to the Defendant and/or non-parties to vary or set aside this order, made without notice, provided such application is made within 2 weeks of the date of this sealed Order.