PXO -v- Mulsanne Insurance Company Ltd (anonymity order)
Claim No: QB-2022-001202
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 19/04/2022
Before:
Master Gidden
Between:
PXO (A Protected Party proceeding by his Litigation
Friend JXN)
-v-
Mulsanne Insurance Company Ltd
ORDER
UPON consideration of the Claimants’ Article 8 right to respect for private and
family life and the Article 10 right to freedom of expression
AND UPON Court considering the following observations agreed by the
parties namely:-
1. The claim is one which might attract media attention and publicity.
2. The claim is an application for approval of a settlement required because
the claim is brought by a protected party being the Claimant.
3. Publicity revealing the identity or address/location of the Claimant or of
the Litigation Friend or of the family or of the Defendant could result in the
publication of private matters and financial information, and further and in
any event could unfairly damage the interest of the Claimant and of the
Litigation Friend and their family and give rise to harm to the Claimant
and the Litigation Friend and their family.
4. Non-disclosure of the identity of and anonymity of and of the
addresses/locations of the Claimant and the Litigation Friend is
necessary in order to protect the interests of the Claimant and to secure
the proper administration of justice.
5. The Claimant’s and the Litigation Friend’s identity and
addresses/locations ought to be withheld from the public and should not
be published, and that the Court should allow these prohibitions and give
consequential directions, and that such prohibitions are necessary to
secure the proper administration of justice
AND pursuant to the section 11 Contempt of Court Act 1981, section 6 of the
Human Rights Act 1998, Civil Procedure Rules 1998 rules 1.1, 1.2, 3.1, 3.3,
3.10, 5.4 A-D and 39.2 and the inherent jurisdiction of the Court.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant and of the Litigation
Friend and their immediate family be not disclosed or published without
the permission of the court (other than as required for the purposes of the
carrying on of this action).
2. There be substituted for all purposes in this action in place of references
to the Claimant and to the Litigation Friend, reference to the sequence of
characters, respectively PXO and JXN; and the Claimant and the
Litigation Friend shall be described in all statements of case and other
documents to be filed or served in the proceedings and in any judgment
or order in the proceedings and in any report of the proceedings by the
press or otherwise respectively as “PXO” and “JXN”.
3. The address of the Claimant be stated in all statements of case and other
documents to be filed or served in the proceedings as the address of the
Claimant’s solicitors.
4. That insofar as necessary, any statement of case or other document
disclosing the Claimant’s or the Litigation Friend’s name or address
already filed in the proceedings be replaced by a document describing
such name or address in anonymised form as above (and in the
meantime shall be kept confidential), and the Claimant’s solicitor shall
have permission to file with the court such copies of such documents
adjusted so as to comply therewith.
5. The original of any such statement of case or other document disclosing
the name or address/location of the Claimant or the Litigation Friend (and
in particular any Claim Form, or any statement of case, judgment, Order
or other document to which anyone might have access to pursuant to
Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in
a sealed envelope, marked “Not to be opened without the permission of a
Judge or Master or District Judge of the Queen’s Bench Division”, or, if
electronically filed or scanned, shall be placed on the court file and
marked “confidential: not to be opened without the permission of a
Master or High Court Judge”.
6. Any person not a party to this action may not inspect or obtain a copy of
any document on or from the Court file (other than this order duly
anonymised as directed) and whether pursuant to Part 5.4 A-D of the
Civil Procedure Rules or otherwise, without the permission of a Judge or
Master of the Queen’s Bench Division. Any application for such
permission must be made on notice to the Claimant and the Court will
effect service. The Court file is to be retained by the Court and marked
“Anonymised”.
7. The reporting restrictions apply as to the disclosing of any information
that may lead to the subsequent identification of the Claimant or the
Litigation Friend. They also apply to the publication of the name or
address/location of the Claimant or the Litigation Friend or their
immediate family.
8. The provisions of this Order shall not apply to:
a. communications between the Court Funds Office and the
anonymised parties in relation to the payment of money into or
from or by the Court Funds Office or the Court of Protection or any
Deputy for the benefit of the anonymised party or the investment
or treatment of payments out of such money;
b. communications between the Court Funds Office and/or the Court
of Protection and/or any Deputy and/or any anonymised party
and/or any financial institution concerned as to the receipt or
investment of such money; or
c. records kept by the Court Funds Office or the Court of Protection
or any Deputy or the anonymised party or any such financial
institution in relation to the money.
9. Any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10.The Claimant has permission to apply to set aside or vary this order.
11.A copy of this Order shall be published on the judicial website of the High
Court of Justice specifying that the Claimant and the Litigation Friend to
as PXO and JXN respectively.
12.No order for costs.