PXC -v- LXX (anonymity order)
CLAIM NO: QB-2020-003979
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LIVING MESOTHELIOMA
Date: 08/06/2022
Before:
His Honour Dexter Dias QC
Between:
PXC
-v-
(3) LXX
ANONYMITY ORDER
BEFORE His Honour Dexter Dias QC sitting at the High Court of Justice, Queen’s Bench
Division on 6 May 2022
UPON READING the application from the Claimant dated 6 May 2022
AND UPON hearing Counsel for the Claimant and Counsel for the Defendants
AND UPON consideration of the Claimant’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 Claimant is necessary in order to protect the interests of the Claimant
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 The identity of the Claimant as a party to these proceedings is protected and shall not be published.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 Claimant, 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 Claimant in these proceedings. The Claimant, and the Third Defendants 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:
a. The Claimant 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 Claimant (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.
b. 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 Claimant’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 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.”
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 Claimant’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 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.
8. Costs in the case.
Dated this 8th day of June 2022