MXA -v- Glowacki (anonymity order)

Queen's Bench DivisionAnonymity Order

CLAIM NO: QB-2022-001007

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 06/05/2022

Before:
MR JUSTICE COTTER

Between:
MXA
(A Protected Party proceeding by her
Litigation Friend BXA)
-v-
GRZEGORZ GLOWACKI

ANONYMITY ORDER
UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the Article 10
right to freedom of expression
AND UPON Court considering that:
1. The claim is one which might attract media attention and publicity.
2. The claim is an application for approval of a settlement required because the claim is brought by a
protected party being the Claimant.
3. Publicity revealing the identity or address/location of the Claimant or of the Litigation Friend or of
the family or of the Defendant could result in the publication of private matters and financial
information, and further and in any event could unfairly damage the interest of the Claimant and of
the Litigation Friend and their family and give rise to harm to the Claimant and the Litigation Friend
and their family.
4. Non-disclosure of the identity of and anonymity of and of the addresses/locations of the Claimant
and the Litigation Friend is necessary in order to protect the interests of the Claimant and to secure
the proper administration of justice.
5. The Claimant’s and the Litigation Friend’s identity and addresses/locations ought to be withheld
from the public and should not be published, and that the Court should allow these prohibitions and
give consequential directions, and that such prohibitions are necessary to secure the proper
administration of justice
22418205-1 Page 2
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, Civil
Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3, 3.10, 5.4 A-D and 39.2 and the inherent jurisdiction of the
Court.

IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant and of the Litigation Friend and their
immediate family be not disclosed or published without the permission of the court (other than as
required for the purposes of the carrying on of this action).
2. There be substituted for all purposes in this action in place of references to the Claimant and to the
Litigation Friend, reference to the sequence of characters, respectively MXA and BXA; and the
Claimant and the Litigation Friend shall 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 respectively as “MXA” and “BXA”.
3. The address of the 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.
4. That insofar as necessary, any statement of case or other document disclosing the Claimant’s or
the Litigation Friend’s name or address already filed in the proceedings be replaced by a document
describing such name or address in anonymised form as above (and in the meantime shall be kept
confidential), and the Claimant’s solicitor shall have permission to file with the court such copies of
such documents adjusted so as to comply therewith.
5. The original of any such statement of case or other document disclosing the name or
address/location of the Claimant or the Litigation Friend (and in particular any Claim Form, or any
statement of case, judgment, Order or other document to which anyone might have access to
pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed
envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge
of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court
file and marked “confidential: not to be opened without the permission of a Master or High Court
Judge”.
6. Any person not a party to this action may not inspect or obtain a copy of any document on or from
the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4
A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the
Queen’s Bench Division. Any application for such permission must be made on notice to the
Claimant and the Court will effect service. The Court file is to be retained by the Court and marked
“Anonymised”.
7. The reporting restrictions apply as to the disclosing of any information that may lead to the
subsequent identification of the Claimant or the Litigation Friend. They also apply to the publication
of the name or address/location of the Claimant or the Litigation Friend or their immediate family.
8. The provisions of this Order shall not apply to:
a. communications between the Court Funds Office and the anonymised parties in relation
to the payment of money into or from or by the Court Funds Office or the Court of Protection
or any Deputy for the benefit of the anonymised party or the investment or treatment of
payments out of such money;
b. communications between the Court Funds Office and/or the Court of Protection and/or any
Deputy and/or any anonymised party and/or any financial institution concerned as to the
receipt or investment of such money; or
22418205-1 Page 3
c. records kept by the Court Funds Office or the Court of Protection or any Deputy or the
anonymised party or any such financial institution in relation to the money.
9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside
or varied.
10. The Claimant has permission to apply to set aside or vary this order.
11. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying
that the Claimant and the Litigation Friend shall be referred to as “MXA” and “BXA” respectively.
12. No order for costs.