LXT -v- Birmingham Anglers Association LTD (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: J80SE026

In the High Court of Justice
King’s Bench Division

20 February 2024

Before:
His Honour Judge Pema

Between:

LXT
(Administrator of estate of DXT for & behalf estate and dependants)

-v-

Birmingham Anglers Association LTD

Anonymity Order

BEFORE His Honour Judge Pema sitting at Sheffield District Registry, The Law Courts, 50 West Bar, Sheffield,
S3 8PH on 30 January 2024.

UPON HEARING from Stuart McCracken, Counsel for the Claimant and Gemma Witherington, Counsel for
the Defendant, by MS Teams.


AND UPON the application notice dated 25 January 2024:
(1) Consideration of the Article 8 rights of the Claimant and dependants to respect for private and family
life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper
administration of justice and in order to protect the interests of the Claimant and dependants that there is no
sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its 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; section 11 of the Contempt of Court Act 1981;
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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 name or address of the Claimant and dependants 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 Miss Taylor as the Claimant in these proceedings. The Claimant and the dependants 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 “LXT”
    (ii) The dependants shall be referred to as “MXT”, “JXT”, “KXT” and “BXT”
    (iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (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 (iii) 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, trustee or deputy.
  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 by 20 February 2024 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 30 January
    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.”
  7. 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, trustee or deputy.
  8. 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.
  9. The costs of obtaining this order be costs in the case.

DATED 30 January 2024


EXPLANATORY NOTE

  1. This Form is designed for use in personal injury and clinical negligence cases in which the claimant is a child
    or a protected party whose interests are assessed to require his or her identity to be kept confidential.
  2. The Form assumes that the party to be anonymised is the claimant. Adjustment will be required where that is
    not the case; for example where the order is to protect dependant children in a claim under the Fatal Accidents
    Act 1976.
  3. For the HMCTS computer system, the anonymised name of the claimant should be three letters. These should
    not be the same letter, nor consecutive letters: so avoid, e.g. XXX, WWW, ABC, PQR, etc.]
  4. The heading should be anonymised in the order itself, once made, as the general provision in the Practice
    Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 is for the orders to be published on
    the website of the Judiciary of England and Wales (as also provided at paragraph 8 of the Form).
  5. The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the
    public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications
    and records which would not constitute publication within the meaning of this order (providing always that proper
    steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the
    anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend,
    attorney, trustee and deputy.
    (i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution
    concerned as to the receipt or investment of such money.
    (iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned
    as to the receipt or investment of the Claimant’s money.
    (iv) 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.
    (v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and
    professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery
    Unit or any other person required by law.
    (vi) Communications between the anonymised party’s representatives and advisers in managing that party’s
    affairs.
    (vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised
    party.
    (viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the
    anonymised party is alive, so entitled to continuing periodical payments.