XXA and Ors -v- XXD (anonymity order)
Claim No: QB-2019-003468
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/03/2022
Before:
Master Stevens
Between:
(1) XXA
(2) XXB
(3) XXC
-v-
XXD
ANONYMITY ORDER
UPON the Claimant’s request for an anonymity order made orally by Counsel for the
Claimant.
AND UPON consideration of the dependant child’s Article 8 right to respect for private
and family life and the Article 10 right to freedom of expression;
AND UPON IT APPEARING THAT the non-disclosure of the identity of the dependant
children in this case is necessary in order to protect their interests;
AND UPON the Defendant indicating its neutrality to the making of the order
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the
Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED that:
1. The identity of each of the Claimants may not be disclosed or published (which
includes references to names and addresses) in order to protect the dependant
children.
2. The Claimants referred to below 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
are to be referred to as follows:
(a) The Personal Representative and Litigation Friend First Claimant:
“XXA”
(b) the Second Claimant
“XXB”
(c) the Third Claimant:
“XXC”
(d) the Deceased:
“XXD”
3. The address of each of the Claimants shall be stated in all statements of case and
other documents filed or served in the proceedings as the address of the
Claimants’ solicitors.
4. In so far as necessary, any statement of case or other document disclosing the
names or addresses of those people referred to in paragraph 2 of this Order
already filed in the proceedings 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 those
referred to in paragraph 2 of this Order is to be placed on the Court file and /or
HMCTS e-filing service system and noted they should “not be opened without the
permission of a Judge or Master 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 High Court Judge. Any application for such permission
must be made on notice to the Claimants, and the Court will effect service. The
file is to be retained by the Court and shall be clearly marked with the words “An
Anonymity Order was made in this case on 10th March 2022 and any application
by a non-party to inspect or obtain a copy of a document from this file must be
dealt with in accordance with the terms of that Order ”.
7. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of XXA, XXB, and XXC. The publication of the
name and/or address of the Claimants is prohibited.
8. The provisions of this Order shall not apply:
(a) to communications between the Court Funds Office and the anonymised
party including the 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; or
(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. Any non-party affected by this Order may apply on notice to all parties to have this
Order set aside or varied.