RXX -v- Thomas Stewart and Keltbray Group (Holdings) (anonymity order)
Claim No: QB-2018-004954
In the High Court of Justice
Queen’s Bench Division
8 April 2020
Mrs Justice Steyn DBE
RXX (A protected party by her Litigation friend The Official Solicitor)
Keltbray Group (Holdings) Ltd and Subsidiaries
BEFORE Mrs. Justice Steyn DBE sitting at the Royal Courts of Justice on 8th April 2020
UPON HEARING Leading Counsel, Henry Witcomb for the Claimant and Leading Counsel, Neil Block for the Defendants, via telephone
UPON the Claimant’s Application
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application
AND UPON IT APPEARING that publication of the circumstances giving rise to this claim and any settlement arising therefrom would, absent this Order, involve unjustifiable interference with the Article 8 rights of the Claimant and her family
AND UPON consideration of the Claimant’s Article 8 right to respect for private family life and Article 10 right of freedom of expression
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
AND UPON the Court directing pursuant to CPR 51Y PD (3) that this hearing should be conducted as a public telephone hearing, to which members of the public and the press were able to obtain access as indicated on the cause list
AND UPON the hearing being audio recorded
IT IS ORDERED that:
1. In these proceedings:
1.1 The Claimant shall herein after be referred to as RKX.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and
2.1 The Claimant shall be referred to in any report of the proceedings as RKX.
2.2 To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that:
(a) the Claimant is referred to in those documents only as RKX; and
(b) the address of the Claimant has been deleted from those documents.
4. A non-party may not inspect or obtain the copy of any document from the court file (other than this order – duly anonymised as directed) without the permission of a Master. Any application for such permission must be made on notice to the Claimant (the court will effect service).
5. Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the main settlement order in this claim and paragraphs 1 to 4 shall not apply in those respects.
6. The Defendants’ application to extend anonymity to cover the identities of the Defendants is refused.
7. A non-party may apply to set aside or vary this order.