NXM -v- Andrew Peter Burns and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-001991

In the High Court of Justice
King’s Bench Division

21 March 2024

Before:

Master Davison

Between:

NXM
(a protected party by way of his litigation friend GXH)

-v-

Andrew Peter Burns

and

West Bay Insurance PLC

…………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

BEFORE Master Davison sitting in the King’s Bench Division, Royal Courts of Justice,
London on 21st March 2024.


UPON HEARING Harriet Jerram, Counsel for the Claimant, and Romilly Cummerson,
Counsel for the Second Defendant


AND UPON the application made by the Claimant notice dated 15th March 2024:
(1) Consideration of the Article 8 rights of the Claimant and their Litigation Friend 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
their Litigation Friend and 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 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 The identity of the Claimant as a party to these proceedings is confidential and shall not
    be published.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, the Claimant’s
    Litigation Friend 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 the Claimant in these proceedings. The Claimant and the Litigation Friend 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 “NXM”
    (ii) The Litigation Friend shall be referred to as “GXH”
    (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
    11 April 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 21 March 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 Second Defendant do pay the Claimant’s costs of this application, to be subject to
    detailed assessment forthwith if not agreed.

    DATED 21st March 2024