Claim number: QB-2022-002900
In the High Court of Justice
King’s Bench Division
21 August 2023
LXA As Executrix Of The Estate Of LXB (Deceased) & Executrix Of The Estate Of LXC (Deceased)
Somesystem LTD, 2. Prescot (No. 1) Limited, 3. Hessle Foam Products Company Limited, 4. Somewatch Limited
UPON considering the proposed terms of the Order on the papers, at the request of the parties
AND UPON considering the Article 8 right of the Claimant and her brother to respect for privacy and family life and the Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant and/or her deceased father and/or her deceased mother and/or her brother and/or her brother’s wife is necessary in order to protect the interests of the Claimant and her brother
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 that:-
1) The identity of the Claimant, her deceased father, her deceased mother, her brother and her brother’s wife be not disclosed
2) The Claimant, her deceased father, her deceased mother, her brother and her brother’s wife be described in all statements of case and 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:
3) The address of the Claimant and of her deceased father and of her deceased mother and of her brother and of her brother’s wife 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.
4) 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 or 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’.
5) Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the claimant or of her deceased father or of her deceased mother or of her brother or of her brother’s wife, or any of them. The publication of the name and address of the Claimant and/or her deceased father and/or her deceased mother and/or her brother and/or her brother’s wife is prohibited.
6) The provisions of this order shall not apply:
a. To communications between the Court Funds Office and an anonymised party in relation to the payment of money into the Court Funds Office for the benefit of an anonymised party or the investment or treatment or payment our of such money.
b. To communications between the Court Funds Office and/or an anonymised party and any financial institution concerned as to the receipt or investment of such money; or
c. To records kept by the Court Funds Office or an anonymised party or any such financial institution in relation to such money.
7) Any non-party affected by this order may apply on notice to all parties to have this order set aside of varied.