HXJ -v- Bensley (anonymity order)
CLAIM NO: QB-2018-000498
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 11/05/2022
BEFORE SENIOR MASTER FONTAINE
Between:
HXJ
(A Protected Person by his Litigation Friend
Office Of The Official Solicitor)
-v-
Sam Bensley
-and-
Ryder Limited
ORDER
UPON the Claimant’s application dated 11 May 2022
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the
Article 10 right of freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order
to protect the Claimant’s 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 identity of the Claimant not be disclosed.
2. That the Claimant 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 “HXJ”.
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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 Court file in a sealed envelope marked “not to be opened without the
permission of a Judge or Master 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
Judge. Any application for such permission must be made on notice to the Claimant, and the
Court will effect 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 any member of their immediate family is prohibited.
8. The provisions of this Order shall not apply –
i. To communications between the Court Funds Office and the anonymised parties in
relation to the payment of money into the Court Funds Office for the benefit of the
anonymised parties or the investment or treatment of payment out of such money;
ii. To communications between the Court Funds Office and/or the anonymised parties
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 parties or any such
financial institution in relation to such money.
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9. A copy of this Order shall be published on the website of the Judiciary of England & Wales
pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity
Orders” naming the Claimant as “HXJ”.
10. That the Claimant does within 21 days draw and file this Order and serve the same on the
Defendant.
11. That the Claimant does comply with rule 23.9(2) by service on the Defendant.
12. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
13. That any non-party affected by this Order may apply on notice to all parties to have this Order
set aside or varied.
14. Costs in the case.