TXG -v- SXF and another (anonymity order)
Claim No: QB-2019-002932
In the High Court of Justice
Queen’s Bench Division
19 October 2021
Before:
Master Eastman
Between:
TXG (A Protected Party who lacks capacity and sues by her Litigation Friend, EMG)
-v-
1. SXF
2. Tradex Insurance Company Limited
ORDER
UPON HEARING Mr Pankaj Madan, Junior Counsel on behalf of the Claimant and Mr Charles Woodhouse, Junior Counsel, on behalf of the Second Defendant, by videolink and the First Defendant neither having been represented or appeared at the hearing.
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 the Court being satisfied, pursuant to CPR 39.2(4) that an order for nondisclosure of the identity of the Claimant, his Litigation Friend and the First Defendant in the terms below is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. The identity of the Claimant and of her Litigation Friend shall not be disclosed.
2. The Claimant and her 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 as “TXG” and “EMG” respectively. The First Defendant shall be described as “SXF”.
3. The address of the Claimant and of the Litigation Friend shall 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. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant or of the Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant or of the Litigation Friend is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission shall be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:
a. To communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b. To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
c. To records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. The provisions of this Order shall not prohibit the Defendants from disclosing the Claimant’s name, address or any other information tending to identify her to their legal and professional advisers or to the Second Defendants reinsurers or to HM Revenue & Customs (or its successor) or to the Compensation Recovery Unit or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendants, save and except that no such disclosure shall be in a form which allows the Claimant or her Litigation Friend to be identified.
10. The need for further service on the Second Defendant is dispensed with. The First Defendant shall be served forthwith at his last known address.
11. The Defendants may apply under CPR 23.10 to have this Order set aside or varied.
12. Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.