LXG -v- Penelope Carr and another (anonymity order)
Claim Number: QB-2022-001261
In the High Court of Justice
King’s Bench Division
19 June 2024
Before:
Senior Master Cook
Between:
LXG (Acting As Personal Representative Of The Estate Of LXD Deceased)
-v-
Penelope Carr
Ramniklal Patel
Order
UPON HEARING Counsel/Solicitor for the Claimant and Counsel/Solicitor for the Defendants
AND UPON
- Consideration of the Article 8 rights of the widow of the Deceased (‘Dependant 1’), the elder son of the Deceased (‘Dependant 2’) and the younger son of the Deceased (‘Dependant 3’) to respect for private and family life, and the Article 10 right to freedom of expression.
- It appearing that non-disclosure of the identities of Dependant 1, Dependant 2 and Dependant 3 is necessary to secure the proper administration of justice and in order to protect their interests and that there is no sufficient countervailing public interest in disclosure.
- The Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
1. The identities of Dependant 1, Dependant 2 and Dependant 3 as dependants upon whose behalves the Claimant seeks damages in these proceedings are confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the names or addresses of Dependant 1, Dependant 2 or Dependant 3 or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of them in these proceedings. To that end (and without prejudice to the ambit of the foregoing and paragraph 3vii herein) the Claimant, Dependant 1, Dependant 2, Dependant 3 and the Deceased shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
i. The Claimant shall be referred to as “LXG”.
ii. Dependant 1 shall be referred to as “LXC”.
iii. Dependant 2 shall be referred to as “LXL”.
iv. Dependant 3 shall be referred to as “LXT”.
v. The Deceased shall be referred to as “LXD”.
vi. The other dependants referred to in the Claimant’s schedule of special damages and future losses dated 29 August 2023 shall be referred to as follows:
a. The father of the Deceased shall be referred to as “LXR”.
b. The mother of the Deceased shall be referred to as “LXP”.
c. The mother of Dependant 1 shall be referred to as “LXM”.
vii. Any other details which, on their own or together with other information publicly available, may lead to the identification of Dependant 1, Dependant 2 and/or Dependant 3 (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
i. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (vii) above.
ii. If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above within 21 days of the date on which this order is sealed, and re-filed in the event that any statement of case is amended within 21 days of such amendment being approved.
6. The address of the Claimant, the Deceased and the dependants of the Deceased shall be stated in all statements of case and other documents to be filed or served in these proceedings as the address of the Claimant’s solicitors.
7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19 June 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor.
9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
10. The costs of obtaining this order be costs in the case.