XDS -v- Lightwater Valley Attractions Limited (anonymity order)
Claim No: QB-2022-001640
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
CENTRAL OFFICE
Date: 13/06/2022
Before:
Master Brown
Between:
XDS
-v-
LIGHTWATER VALLEY ATTRACTIONS LIMITED
ANONYMITY ORDER
Before Master Brown
UPON reading an application notice by the Claimant, dated 6 June 2022
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life
and the Article 10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the
identity of the Claimant is likely to unfairly damage the interests of the Claimant or those of her
family members and that, accordingly, publication of details revealing the Claimant’s identity
and/or details of her immediate family ought to be prohibited
AND UPON IT APPEARING that publication of the Claimant’s identity may lead to an order
made in related criminal proceedings potentially being breached
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WHEREAS, pursuant to CPR.39.2 (4), the Court is satisfied that an Order in the terms below is
necessary to protect the interests of the Claimant and those of her family members and there is
no sufficient counter-veiling public interest in disclosure
IT IS HEREBY ORDERED pursuant to Section 11 of the Contempt of Court Act 1981, Section
6 of the Human Rights Act 1998 and CPR Rule 5.4A-5.4D and CPR Rule 39.2:
(1) That the identity of the Claimant shall not be disclosed.
(2) There be substituted for all purposes of this case, in place of references to the
Claimant by name and whether orally or in writing, references to ‘XDS’.
Likewise the Claimant’s son should be referred to as ‘BVW’.
(3) That the Claimant and the Claimant’s son 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 proceedings and in any report of the proceedings by the press or
otherwise as ‘XDS’ and ‘BVW’ respectively.
(4) That the address of the Claimant to 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.
(5) So far as the Claim Form or any Judgment or Order, or any other document to
which anyone might have access pursuant to CPR Rule 5.4 at any time does not
comply with the above, the Claimant’s solicitors have leave to file with the Court
copies of such documents adjusted so as to comply therein. Such copies are to be
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treated for all purposes as being in substitution for the relevant original. Copies of
the original Statements of case, judgments or orders are to be retained by the
Court on HMCTS e-filing system (CE -file), marked “Confidential” and are 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, without the permission of a Master, inspect or obtain any
copy statement of case or document from the Court file unless it has been
anonymised in accordance with this Direction and there has been redacted any
information which might identify the claimant or the defendant. Any application
for such permission (ie to inspect or obtain a non-anonymised version) must be
made on notice to the claimant and in accordance with CPR Rule 5.4 C (6) and the
Court will effect service. The file is to be retained by the Court and marked
‘Anonymised’.
(7) That reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or Claimant’s son. The
publication of the name and address of the Claimant, or of any member of the
Claimant’s immediate family is prohibited.
(8) That the Defendant may apply under rule 23.10 to have this Order set aside
or varied.
(9) That any party or non-party affected by this Order may apply without time restriction on
notice to all parties to have this Order set aside or varied.
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(10) This order shall be published on the website of the judiciary of England
and Wales in its anonymised form.
(11) Costs in the case.
Dated this 13th day of June 2022