MXC -v- Gadd (anonymity order)
Claim No: QB-2022-001653
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 10/06/2022
Before:
Master Thornett
Between:
Anonymised Party MXC
-v-
Paul Francis Gadd
ORDER
UPON READING the claimant’s ex parte application and
UPON reading the claim form herein
AND for the following reasons:
1. The allegations in this action are likely to attract publicity.
2. Publicity revealing the identity of the Claimant is likely to bring with it
intrusions into the Claimant’s privacy;
3. Those intrusions may well have serious consequences for the Claimant.
4. In the circumstances of this action (a) the Article 8 rights of the Claimant
cannot be protected without restrictions on the Article 10 rights of the public
and the press, but (b) the preceding factors make it necessary to give priority
to the Claimant’s Article 8 rights.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II 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 Claimant be not disclosed.
2. That the Claimant 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 “MXC”
3. That 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 in so far as necessary, any statement of case or other document
disclosing the Claimant’s name or address already filed in the proceedings be
replaced by a document describing such name or address in anonymised form
as above.
5. That the original of any such document disclosing the name or address of the
Claimant is to be placed on the Court file in a sealed envelope marked “not to be
opened without the permission of a Judge, Master or District Judge of the Queen’s
Bench Division”.
6. 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”.
7. That reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the Claimant. The publication of
the name and address of the Claimant or of any member of the Claimant’s
immediate family is prohibited.
8. That any non-party affected by this Order may apply on notice to have this
Order set aside or varied.
9. That there is liberty to all parties to apply; and
10. Costs in the case.