CXC and JXS (interested party) -v- The Dudley Group NHS Foundation Trust (anonymity order)

King's Bench DivisionAnonymity Order

Claim Number: 3BM90071

In the High Court of Justice
King’s Bench Division

13 October 2022

Before:
Her Honour Judge Kelly

Between:
(1) CXC
(2) JXS (Personal representatives of the estate of TXC, Deceased)
-v-
The Dudley Group NHS Foundation Trust

Anonymity Order

BEFORE Her Honour Judge Kelly sitting in the High Court of Justice, King’s Bench Division, Birmingham District Registry on 13th October 2022

UPON hearing Mr Jonathan Jones, one of His Majesty’s Counsel, for the Claimant and Mr Simon Hilton, Counsel for the Defendant

AND UPON:
(1) Consideration of the Article 8 rights of the Deceased’s son, FXS 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 Deceased’s son FXS is necessary to secure the proper administration of justice and in order to protect the interests of FXS 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 for the purposes of this order:
(1) ‘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.
(2) 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.

IT IS ORDERED [BY CONSENT] THAT:

  1. The identity of the deceased’s son, FXS is confidential and shall not be published.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 FXS, the claimants 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 FXS as a dependent in these proceedings. FXS, the first claimant and the second claimant 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 deceased’s son shall be referred to as “FXS”.
    (II) The deceased, shall be referred to as “TXC”.
    (III) The first claimant shall be referred to as “CXC”.
    (IV) The second claimant shall be referred to as “JXS”.
    (V) Any other details which, on their own or together with other information publicly available, may lead to the identification of FXS (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 claimants’ solicitor, trustee or deputy.
  5. The claimants’ solicitor shall file with the court an electronic (pdf) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 3 November 2022, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The court file shall be clearly marked with the words “an anonymity order was made in this case on 13 October 2022 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.”
  7. 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 7 days’ notice to the claimants’ solicitor, trustee or deputy.
  8. 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.
  9. The costs of obtaining this order be costs in the case.