PXC -v- D & Ors (anonymity order)
IN THE COURT OF APPEAL
CIVIL DIVISION
Date: 11/07/2022
Before:
Lord Justice Bean
Between:
PXC
-v-
D and others
ORDER made by the Rt. Hon. Lord Justice Bean
On consideration of the application for anonymity
And on consideration of the papers and without an oral hearing
Decision:
UPON consideration of the Appellant’s Article 8 right to respect for private and family life and the Article 10 right
to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Appellant is necessary in order to protect the
interests of the Appellant AND PURSUANT to Civil Procedure Rules 39.2(4), 5.4C and 5.4D and Section II of the
Contempt of Court Act 1981
IT IS ORDERED THAT 1. The identity of the Appellant as a party to these proceedings is protected and shall not
be published.
2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings or other publication
the name or address of the Appellant, or their immediate family members, the Third Defendant or any details
(including other names, addresses, or a specific combination of facts) that could lead to the identification of PXC
as the Appellant in these proceedings.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Appellant shall be referred to as “PXC”. b. The Third Defendant shall be referred to as “LXX”. c. Any other
details liable to lead to the identification of the Appellant (including any names of other immediate family
members or their addresses) shall be redacted before publication.
4. Pursuant to CPR 5.4C and 5.4D: a. 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 paragraph 3 above. If a person who is not a party to the proceedings
applies (pursuant to CPR 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 Appellant’s solicitor.
5. The Court file shall be clearly marked with the words “An anonymity Order was made in this case on 6 May
2022 in the High Court and on 12 July 2022 in the Court of Appeal. 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.”
6. 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 notice to the Appellant’s solicitor, and that 7 days’ prior
notice of the intention to make such an application is given.
7. 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.
Reasons
This is a case of grave personal injury (mesothelioma) in which non-disclosure of the identity of the Appellant is
necessary in order to protect the interests of the Appellant
Notes:
Ancillary
1) Where an application (other than an application for permission to appeal) has been refused on the papers,
the applicant may request that the decision be reconsidered.
2) An application for reconsideration must be filed within 7 days after the party is served with notice of the
decision.
3) The reconsideration will be determined by the same or another judge on paper without an oral hearing;
except that the judge determining the reconsideration on paper may direct that the reconsideration be
determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration
cannot be fairly determined on paper without an oral hearing: see CPR 52.24.