Paxton -v- Selby and Admiral Insurance
Claim number: KB-2024-000681
In the High Court of Justice
King’s Bench Division
1 July 2024
Before:
Master Sullivan
Between:
Jill Sarah Paxton (In her own right and as administrator of the estate of Mr Oliver James Fitzgerald Paxton)
-v-
1. Ryan Selby
2. Admiral Insurance Company Limited
Order
BEFORE Master Sullivan sitting at King’s Bench Division, High Court of Justice on 28 June 2024
AND UPON the application notice dated 7 May 2024:
(1) Consideration of the Article 8 rights of the Claimant and her children to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the date of birth of the Claimant and the address, date of birth and identity of the Claimant’s children is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and her children and that there is no sufficient countervailing public interest in disclosure.
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:
- The identity of the Claimant’s children as dependants in these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the address and date of birth of the Claimant, the Claimant’s immediate family members being her three children, or any details (including other names, addresses, dates of birth or a specific combination of facts) that could lead to the identification of the Claimant’s children in these proceedings. The Claimant’s children shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant’s children will be referred to collectively as the children and individually as follows:
a. The eldest child as EXC
b. The middle child as MXC
c. The youngest child as YXC
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant’s children (including any names, their addresses and dates of birth) shall be redacted before publication. - 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) and (ii) 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. - 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 5 July 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 28 June 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.”
- 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.
- 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
- The costs of obtaining this order be costs in the case.