Re: X (anonymity order)

Family DivisionHigh CourtAnonymity Order

Case Number: FD24P00195

In the High Court of Justice
Family Division

12 June 2024

Before:
Sir Jonathan Cohen

Between:
Re: X

(Application for Reporting Restrictions: Coroner’s Inquest)

Anonymity Order

UPON the Application of MRS P, who is X’s mother and the widow of the Deceased, dated 17 May 2024 supported by the report of Dr Berelowitz and the witness statement of Mrs P

UPON the Application dated 17 May 2024 and supporting documents having been served on the Press Association by email on 23 May 2024 and the Press Association having been given notice of this hearing but not attending

UPON HEARING Cara Guthrie, Counsel for the Applicant.

AND UPON:
(1) Consideration of the Article 8 rights of X and Mrs P to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the surname of the Deceased, his wife and their daughter is necessary in order to protect the interests of X and that there is no sufficient countervailing public interest in disclosure.

AND PURSUANT to the Inherent Jurisdiction of the High Court and section 6 of the Human Rights Act 1998.

WHEREAS:
(1) For the purposes of this order:
(i) ‘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.
(ii) 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 The surname of the Deceased, his wife and their daughter is protected and shall not be published in any report of this Application or any report of the Inquest touching upon the death of the Deceased, or in any subsequent Civil Court Proceedings connected with this case.
  2. In any judgment or report of these proceedings, or any report of the Inquest or other publication (by whatever medium) in relation thereto:
    (i) The Deceased shall be referred to as “Mr P”.
    (ii) The Applicant shall be referred to as “Mrs P/ the wife or widow of” the Deceased.
    (iii) Their daughter shall be referred to as “X/ the child of” the Deceased.
    (iv) Any other details liable to lead to the identification of the Deceased, his widow or his daughter (including any names of other immediate family members or their addresses) shall be redacted before publication.
  3. 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 this Application, judgment or order from the Court records unless the Application, 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)) application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  4. If a person requests (pursuant to rule 13 of the Coroners Rules 2013) disclosure of any document containing the surname of the Deceased, the Applicant shall be given 7 days’ notice of the request and submissions by the Applicant will be considered by the Coroner when deciding how to respond to the request for disclosure.
  5. A person may not obtain a copy of any document containing the surname of the Deceased pursuant to rule 13 of the Coroners Rules 2013 unless the person is also provided with a copy of this Order.
  6. The file of this Application and the Inquest file shall be clearly marked with the words “An anonymity order was made in this case on 12 June 2024 and any application 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 may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Applicant and that 7 days’ prior notice of the intention to make such an application is given.
  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.

Dated 12 June 2024