LXP -v- Bruce (anonymity order)
Claim No: QB 2020 003879
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/03/2022
Before:
Geraint Webb QC
Between:
LXP
(PERSONAL REPRESENATIVE OF WXP, DECEASED)
-v-
DR SARAH BRUCE
ORDER
BEFORE Geraint Webb QC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice, Strand, on 14 March 2022, with the hearing being conducted remotely via MS Teams
UPON HEARING Counsel for the Claimant and Counsel for the Defendant
AND UPON the application of the Claimant for an anonymity order
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations made by any member of the press
AND UPON consideration of the protected beneficiary’s (a dependant under the Fatal Accidents Act 1976) Article 8 right to respect for private 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 the protected beneficiary (a child) is necessary in order to protect the interests of the protected beneficiary.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 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 protected beneficiary, the Claimant and the deceased shall be not disclosed.
2. That the address of the protected beneficiary and Claimant 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.
3. That the protected beneficiary, the Claimant and the deceased 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 “EXP”, “LXP”, and “WXP” respectively.
4. 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 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. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the protected beneficiary, the Claimant or the deceased. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family and/or the name and address of the protected beneficiary is prohibited.
6. The provisions of this Order shall not apply:-
a) to communications between the Court Funds Office and the anonymised party and/or Litigation Friend and/or the claimant’s Deputy 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;
b) to communications between the Court Funds Office and/or the anonymised party and/or Litigation Friend and/or the claimant’s Deputy 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 the anonymised party and/or Litigation Friend and/or the claimant’s Deputy or any such financial institution in relation to such money.
7. Nothing in this order shall apply to communications between the Defendants insurers and its legal advisers or reinsurers or any communications with the CRU or retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. A copy of this Order shall be published on the judicial website of the High
Court of Justice specifying that the protected beneficiary shall be referred to as EXP, the Claimant as LXP and the deceased as WXP.