KXE -v- Ms Aurelija Ableniene and Southern Rock Insurance Company Limited (anonymity order)
Claim No: QB-2018-000168
In the High Court of Justice, Queen’s Bench Division
24 August 2021
(a Protected Person By His Litigation Friend, BEX)
– and –
Ms Aurelija Ableniene
Southern Rock Insurance Company Limited
Upon the Claimant’s application dated 10 August 2021
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 and Litigation Friend 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 and Litigation Friend 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 “KXE”.
3. That the Claimant’s Litigation Friend 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 “BEX”.
4. That the address of the Claimant and Claimant’s Litigation Friend 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.
5. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Claimant’s Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
6. That the original of any such document disclosing the name or address of the Claimant or the Claimant’s Litigation Friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
7. 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 of District 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”.
8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Claimant’s Litigation Friend. The publication of the name and address of the Claimant, the Claimant’s Litigation Friend or any member of their immediate family is prohibited.
9. 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.
10. That the Claimant does comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
12. 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 “KXE” and his litigation friend as “BEX”.
13. Representatives of the media shall have liberty to apply to set aside or vary paragraphs 1, 2, 3 and 4 above provided that: –
a. Any such application shall be made within 14 days of the date of this order and be put in the applications list (with a maximum time estimate of one hour) to be heard within 14 days of such application being made;
b. Written notice of such application shall be given to the Claimant’s solicitors.
14. Costs in the case.