JXD -v- Buckingham (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2018-000817

In the High Court of Justice
King’s Bench Division

23 January 2023

Master Thornett

Dr John Buckingham

Anonymity Order

UPON the Claimant’s Application and deciding the same without a hearing by request

AND WHEREAS pursuant to CPR r39.2 (4) the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and necessary to secure the proper administration of justice and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to Section 11 of the Contempt of Court Act 1981, Section 6 and Article 8 of Schedule 1 to the Human Rights Act 1998 and CPR Rules 5.4C and 5.4D and Rule 39.2 that:-

  1. There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant or the litigation friend in this action.
  2. There be substituted for all purposes of this case, in place of reference to the Claimant by name, whether orally or in writing, references to the letters “JXD”.
  3. To the extent necessary to protect the Claimant’s identity, any other reference, whether to persons or places or otherwise, to be adjusted appropriately, with permission to the Claimant to apply in default or agreement as to the manner of such adjustments.
  4. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “Not to be opened without permission of a Judge or Master of the King’s Bench
    Division” and any electronic version is not to be accessed without permission of a Judge or Master of the King’s Bench Division.
  5. A non-party may not without permission of a Master obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction. 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”.
  6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.
  7. Save that, in so far as this part of the Order applies to the Defendant, it does not prohibit disclosure by the Defendant of the Claimant’s name and address or any other information tending to identify them to their reinsurers, their legal and professional advisors including the Compensation Recovery Unit, the Caisse Primaire du Puy-de-Dome or any person required by law.
  8. The provisions of this Order shall not apply:- (i) to communications between the Court Funds Office and the anonymised party 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; (ii) to communications between the Court Funds Office and/or the anonymised party 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 party or any such financial institution in relation to such money.
  9. The Claimant has permission to amend the claim form giving the address of their solicitors in place of their residential address. A sealed letter with the Claimant’s full name and address is to be placed or entered on the file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  10. A copy of this order is to be published on the website of the Judiciary of England and Wales in accordance with CPR Rule 39.2(5).
  11. Any non- party affected by this Order may apply on notice to set aside or vary this Order.