JXK -v- Sherwood Forest Hospitals NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000150
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 17/02/2022
Before:
Master Cook
Between:
JXK (proceeding by her mother and Litigation
Friend LXM )
-v-
Sherwood Forest Hospitals NHS Foundation Trust
ORDER
BEFORE Master Cook sitting at Queens Bench Division Royal Courts of Justice
London
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and
family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in
order to protect the interests of the Claimant and that there is no sufficient
countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being
no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the
Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS:
(1) For the purposes of this order:
(i) ‘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.
(ii) Publication for the purpose of this Order includes any further publication
(as defined in subparagraph (i) above) from the date of this Order, even
if such information has derived from a previous stage or stages of these
proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of
communications and records which do not constitute publication within the
meaning of this order (providing always that proper steps are taken to protect the
confidentiality of information from being made public). In this list references to
‘the anonymised party’ include that party’s appointed representatives and
advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised
party 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.
(ii) Communications between the Court Funds Office, the anonymised
party, and any financial institution concerned as to the receipt or
investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any
financial institution concerned as to the receipt or investment of the
Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their
advisers of their unredacted files for the purposes of their continuing
functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their
successors in title and their legal and professional advisers, reinsurers,
HM Revenue and Customs (or its successor), the Compensation
Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and
advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised party.
IT IS ORDERED BY CONSENT THAT:
1. The identity of the Claimant as a party to these proceedings is protected 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 or address of the Claimant, the
Claimant’s Litigation Friend or other immediate family members, or any details
(including other names, addresses, or a specific combination of facts) that could
lead to the identification of JXK as the Claimant in these proceedings. The
Claimant and the Litigation Friend shall be referred to as set out at paragraph 3
of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever
medium) in relation thereto:
(i) The Claimant shall be referred to as JXK.
(ii) The Litigation Friend shall be referred to as LXM.
(iii) Any other details liable to lead to the identification of the Claimant
(including any 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 subparagraphs 3(i) to (iii) 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 Claimant’s solicitor, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on [date of this Order] 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.”
6. 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 notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior
notice of the intention to make such an application is given.
7. 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.
8. The costs of obtaining this order be costs in the case.