Claim No: QB-2020-004639
In the High Court of Justice
Queen’s Bench Division
27 October 2021
(Executor of the Estate of AXH, deceased)
Gefion Insurance A/S
Motor Insurers Bureau
UPON HEARING David Sanderson, Counsel for the Claimant, and Alistair Mackenzie, Counsel for the Third Defendant and the First and Second Defendants not appearing;
AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an Order in the terms below is necessary in order to protect the interests of the dependent children of the deceased on whose behalf the action is brought and that there is no sufficient countervailing public interest in disclosure;
IT IS ORDERED pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, that: –
1. The identity of the Claimant, the Deceased, the First Defendant and the dependents not be disclosed.
2. There be substituted for all purposes in this case, in place of references to the Claimant, the Deceased, the First Defendant and the dependents by name and whether orally or in writing, as follows:
a. The Claimant and the Deceased shall be referred to as “LRX” and “AHX” respectively.
b. The widow of the Deceased shall be referred to as FPX.
c. The eldest, second, third and youngest children of the Deceased shall be referred to as AAX, MPX, TPX and RAX respectively.
d. The First Defendant shall be referred to as “AKZ”.
3. There shall not be disclosed in any report of the proceedings the name, address or picture of the Claimant or the Deceased or any member of their family, or the First Defendant, nor any information which is liable to or might lead to their identification.
4. Persons other than the parties to these proceedings shall be prohibited from inspecting or obtaining copies of any statement of case, Judgment or Order or any other document from the Court records unless the same have been anonymised as set out above in clause 2, the address of the Claimant and First Defendant has been removed and there has been redacted any information which might identify the Claimant or the Deceased or any member of their family, or the First Defendant, without further Order of the Court. Any application for permission to inspect or obtain an anonymised version must be made on notice to the Claimant in accordance with CPR 5.4C(6).
5. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend 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 or Litigation Friend 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 Litigation Friend or any such financial institution in relation to such money; or
(iv) to the retention and use, by the Defendants’ solicitors and insurers (including underwriters, reinsurers, accountants and auditors), of the Claimant’s full name on internal systems and databases for legitimate business and administrative purposes, including but not limited to, case management and analysis, data subject access requests, claims record analysis, premium calculation, market and capital requirement analysis and other regulatory purposes, providing that the public do not have access to such systems and databases; or
(v) to the retention and use, by the Defendants’ solicitors, insurers, reinsurers and brokers, of the First Defendant’s full name and address on their systems in the context of the claim and generally to ensure inter alia, that he/she can be linked to the case for the purpose of any data subject access request, quotations, renewals, market and capital requirement analysis and for other regulatory purposes, providing that the public do not have access to such systems and databases.
6. Any person affected by any of the restrictions in this Order may apply to the Court to vary or discharge this Order (or so much of it as affects that person), but written notice of any such application and the evidence relied upon must first be given to the Claimant’s Solicitors.