AXB -v- South Devon Healthcare NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Clinical Negligence

Claim Number: KB-2023-MAN-000250

In The High Court Of Justice
King’s Bench Division Manchester
District Registry

18 July 2023

Before:
His Honour Judge Sephton KC

Between:
AXB
(By Her Litigation Friend, BXB)
-v-
South Devon Healthcare NHS Foundation Trust

Anonymity Order

BEFORE His Honour Judge Sephton KC sitting as a Judge of the High Court at Manchester Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 18 July 2023

UPON HEARING Helen Mulholland KC, Leading Counsel for the Claimant and Victoria Heyworth, Counsel for the Defendant

AND UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence and in respect of which proceedings have been commenced by the Claimant against the Defendant in the High Court of Justice King’s Bench Division.

AND WHEREAS the Claimant is a Protected Party who brings the claim by her Litigation Friend

AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an order in the terms of paragraphs 1 to 8 below is necessary in order to protect the interests of the Claimant and that there is no 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 Claimant shall hereafter be referred to as AXB and her litigation friend as BXB.
  2. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant or her litigation friend or any details leading to the identification of the Claimant or litigation friend and, if referred to, they shall be referred to in these proceedings as AXB and BXB.
  3. Pursuant to CPR 5.4C a person who is not a party to these 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 as AXB and the litigation friend as BXB and (b) the address has been deleted from those documents and (c) all details that may lead to their identification are omitted or deleted. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Judge. Any application for such permission must be made on notice to the Claimant.
  4. The original of any such document held by the Court disclosing the name or address of the Claimant and the Litigation Friend, is to be marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”. Any electronic file held by the Court shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  5. Nothing in paragraphs 1 to 4 above shall prohibit the Defendant from disclosing the name, address or any other information tending to identify the Claimant or the other parties to their legal and professional advisers, and/or to HM Revenue & Customs (or its successor) or any other person so entitled by law.
  6. Nothing in this order prevents communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
  7. Any interested party shall have permission to apply in relation to this Order upon notice to the Claimant’s solicitors.
  8. Costs in the case.

Service on all relevant parties by the Claimant’s solicitor.