MXI -v- Blake (anonymity order)

County CourtAnonymity Order

Claim Number: L02EC371

In the County Court at Clerkenwell & Shoreditch

5 November 2024

Before:
District Judge Redpath-Stevens

Between:
MXI
(Administrator of Estate SXS, deceased)
-v-
Mr Martin Blake

Order for Anonymity

Before District Judge REDPATH-STEVENS sitting at the Clerkenwell and Shoreditch County Court, The Gee Street Courthouse, 29-41 Gee Street, London on 22nd October 2024

UPON hearing Mr Sharghy, on behalf of the Claimant and the Defendant not attending.

AND UPON:

  1. Consideration of the Article 8 rights of the Claimant, the Deceased and their daughter and sole Dependant SYS in the proceedings, 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, the Deceased and the Dependant is necessary in order to protect the interests of them all.
  3. The Defendant being neutral 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 Parts 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 (1) 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identity of the identity of the Claimant, the Deceased and the Dependant in these proceedings is protected and shall not be published.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 identity of the Claimant, the Deceased and the Dependant 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 identity of the Claimant, the Deceased and the Dependant in these proceedings. The identity of the Claimant, the Deceased and the Dependant 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 “[MXI]”.
    (ii) The Deceased shall be referred to as “[SXS]”.
    (iii) The Dependant shall be referred to as “[SYS]”
    (iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the Deceased and the Dependant (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 solicitors.
  5. The Claimant’s solicitors shall file with the Court an electronic (PDF) bundle of the statements of case that have been anonymised in accordance with paragraph 3 above by 4pm on 26th November 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 22nd October 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 Martin Usher, Lime Solicitors, 60 Gracechurch Street, London, EC3V 0HR.
  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 (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.