TXA and TXB -v- RWE Generation UK (anonymity order)
Claim number: KB-2023-000768
In the High Court of Justice
King’s Bench Division
19 September 2024
Before:
Master Sullivan
Between:
1. TXA
2. TXB (Executors of the Estate of TYA, deceased)
-v-
RWE Generation UK Plc
Order
BEFORE Master Sullivan sitting in the High Court at the Royal Courts of Justice on 19th September 2024 and by Teams
UPON HEARING Leading Counsel (Mr Simon Kilvington KC) for the Claimants and Solicitor (Mr Steve Phillips) for the Defendant
AND UPON considering the Article 8 right of the Claimants and their mother to respect for privacy and family life and the Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimants and/or the deceased and/or his widow is necessary to secure the proper administration of justice and in order to protect the interest of the Claimants and the widow (who is a Protected Party) and that there is no sufficient countervailing public interest in disclosure.
AND PURSUANT to section 6 of the Human Rights Act 1998 and rules 5.4C and 5.4D and 39.2(4) of the Civil Procedure Rules
AND WHEREAS for the purposes of this order:
(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage of theses proceedings.
IT IS ORDERED that:
1. The identity of the Claimants, the deceased and the widow in these proceedings are confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name and address of the Claimants, the deceased and the widow, or any details (including other names, addresses, or a specific combination of facts) that could lead to identification of those persons.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto, the Claimants, the deceased and the widow shall be referred to as:
(a) ‘TXA’ (the First Claimant);
(b) ‘TXB’ (the Second Claimant);
(c) ‘TYA’ (the deceased);
(d) ‘TYB’ (the widow),
and any other details which, on their own or together with other information publicly available, may lead to identification of those persons (including names of other immediate family members or their addresses) shall be redacted before publication.
4. 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 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.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.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 Claimants’ solicitor.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 21 days from date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19 September 2024 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.”
7. 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 7 days’ notice to the Claimants’ solicitor.
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.
9. The costs of obtaining this order be costs in the case.
Dated this 19th day of September 2024