IXL -v- Traian Soare and others (anonymity order)
Claim No. QB-2020-004500
In the High Court of Justice
Queen’s Bench Division
21 July 2021
Before:
Master Sullivan
Between:
IXL (on her own behalf, on behalf of the dependents of NXT (deceased) and as administrator
of the estate of NXT (deceased))
-v-
1. Traian Soare
2. Eliton Trans SRL
3. Motor Insurers’ Bureau
ORDER
UPON the hearing being in private in accordance with CPR PD 51Y
UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application for anonymity as set out in paragraph 1 of this Order
AND UPON the Court giving consideration to the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant and the Deceased is necessary in order to protect the interests of the Claimant and the child dependents of the Deceased.
AND UPON it being agreed between the parties that any reference to ‘non-party’ in this order does not include Biroul Asiguratorilor De Autovehicule Din Romania (BAAR – the Romanian compensation body) and Societatea De Asigurare-Reasigurare City Ins S A (City Insurance – the Romanian insurer)
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and s11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4B of the Civil Procedure Rules and s39 of the Children and Young Persons Act 1933.
IT IS HEREBY ORDERED that:
1. The proceedings be anonymised as follows:
(a) Pursuant to CPR 5.4C, 5.4D and 39.2(4) there shall be for all purposes of this case substituted reference to the following individuals by name, whether orally or in writing, as follows: the Claimant as IXL; the Deceased as NXT; the son and dependent of the Deceased as DXT; the daughter and dependent of the Deceased as SXT.
(b) A non-party may not obtain a copy Statement of Case or documents from the Court file without permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6).
(c) A non-party may not obtain a copy of the Statement of Case or documents from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant, the Deceased or the dependents of the Deceased.
(d) There shall be no publication or disclosure of any name, address or information intending to identify the Claimant, the Deceased of the dependents of the Deceased.
2. That, insofar as is necessary, any Statement of Case or other document disclosing the Claimant’s name, the name of the Deceased or of the dependents already filed in the proceedings be replaced by a document describing such name or address in the anonymised format proposed in paragraph 1(a) above.
3. That the original of any such document disclosing the name of the Claimant, the Deceased or the dependents that is to be kept on the Court file be marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
4. Any party affected by this Order may apply on notice to all parties to have this Order set aside of varied.
5. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as IXL and the Deceased as NXT.