LXA -v- Maskell (anonymity)

Anonymity Order

CLAIM NO: QB-2013-000516

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

14 day of December 2020

Before:
The Honourable Mrs Justice Eady

Between:
LXA (a Child, By her Mother and Litigation Friend, KXA)
-v-

(1) Mr Matthew Maskell
(2) Aviva UK Insurance Limited

Before the Honourable Mrs Justice Eady  sitting at the Royal Courts of Justice , Strand, London on the 14th day of December 2020
UPON Hearing (via Microsoft Teams) Ms Lizanne Gumbel QC, one of Her Majesty’s Counsel, for the Claimant and Ms Margaret Bowron QC, one of Her Majesty’s Counsel, for the Defendants
AND UPON the Claimant’s Application dated 30 November 2020
AND UPON consideration of the Claimant’s Article 8 Right to Respect for Private and Family Life and the Article 10 Right to the Freedom of Expression
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interest of the Claimant
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules in Section II of the Contempt of Court Act 1981 and Rules 5.4(c) and 5.4(d) of the Civil Procedure Rules
IT IS ORDERED that:

  1. Subject to paragraph 7 below, the identity of the Claimant and the Litigation Friend is not to be disclosed, save to the Defendants’ legal representatives, with permission to apply; and

 

  1. The Claimant be at liberty to substitute in the Claim Form, Particulars of Claim and all of the Court documents thereafter and whether orally or in writing, references to the letters “LXA” for the Claimant and “KXA” for the Claimant’s Litigation Friend; and

 

  1. To the extent necessary to protect the identity of the Parties, the references, whether to persons or places or otherwise, be adjusted appropriately, with permission being granted to the Parties to apply in default of agreement as to the manner of such adjustment; and

 

  1. The Defendant shall also, in all Court documents, substitute references for the letters “LXA” for the Claimant and “KXA” for the Claimant’s Litigation Friend; and

 

  1. A non-Party may not inspect or obtain any copy Statement of Case or other document from the Court file, unless it has been edited (anonymised) in accordance with this Order. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service.  The file is to be retained by the Court and marked “Anonymised”; and

 

  1. Reporting restrictions apply to the disclosing of any information that may lead to the subsequent identification of the Claimant and/or Litigation Friend. The publication of the name and address of the Claimant or any member of the Claimant’s immediate family is prohibited; and

 

  1. Nothing in paragraphs 1 to 6 above shall prohibit the Defendants or their insurers from disclosing the Claimant’s name, address or any information tending to identify her to their reinsurers, legal and professional advisors or to DWP, HM Revenue and Customs or any other person required by law.

 

  1. The Claimant’s solicitors shall, upon the sealing of this Order, place on the Court file a sealed enveloped, marked “Not to be opened without the permission of the High Court Judge or Master”, containing a statement of the names and addresses of the Claimant and her Litigation Friend; and

 

  1. Any non-Party affected by this Order may apply on notice to all Parties to have this Order set aside or varied; and

 

  1. 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 LXA and her Litigation Friend as KXA.

 

  1. Costs in the case.