IXS -v- Vaduva & Ors (anonymity order)
CLAIM NO: QB-2020-004424
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 18/07/2022
Before:
Antony Dunne
Sitting as a Deputy Judge of the High Court
Between:
IXS
(on behalf of the estate and Dependents of TXS (DECEASED))
Deceased
-v-
FLORIN VADUVA (1)
ION VADUVA (2)
MOTOR INSURERS BUREAU (3)
ANONYMITY ORDER
BEFORE Antony Dunne sitting as a Deputy Judge of the High Court in the Royal Courts of Justice on 18th July 2022.
AND UPON hearing Leading Counsel, Elizabeth Gumbel QC for the Claimant and Andrew Watson Counsel for the Third Defendant
AND UPON Claimants Application
AND UPON IT APPEARING that publication of the circumstances giving rise to this claim and any settlement arising therefrom would, absent this Order, involve unjustifiable interference with the Article 8 rights of the Child Dependants.
AND UPON consideration of the Child Dependants’ Article 8 rights to respect for private family life and Article 10 right of freedom of expression
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED that:
1. In these proceedings the Claimant, the Deceased and the Dependants shall herein after be referred to as IXS, TXS, GXS and SXS respectively.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant, the Deceased and/or the Dependants or any details leading to the identification of the Claimant, the Deceased and/or the Dependants who shall be referred to in any report of the proceedings as IXS, TXS, GXS and SXS
3. To the extent necessary to protect the Child Dependants identity, the identity of the Claimant and Deceased also require anonymity any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
4. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that:
i. the Claimant, the Deceased and the Dependants are referred to in those documents only as IXS, TXS, GXS and SXS respectively; and
ii. the address of the Claimant, the Deceased and the Dependants has been deleted from those documents.
5. A non-party may not inspect or obtain the copy of any document 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 Claimant (the court will effect service).
Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the main settlement order in this claim and paragraphs 1 to 5 shall not apply in those respects.
6. A non-party may apply to set aside or vary this order.
7. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant, the Deceased and the Dependants shall be referred to as IXS, TXS, GXS and SXS respectively.
Dated 18th July 2022