ASX -v- East Sussex Healthcare NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2021-003774

In the High Court of Justice
King’s Bench Division
Clinical negligence

19 January 2024

Mr Darryl Allen KC sitting as a Deputy High Court Judge


ASX (by LSX his mother and Litigation Friend)


East Sussex Healthcare NHS Trust


BEFORE MR DARRYL ALLEN KC sitting as a Deputy High Court Judge

At the Royal Courts of Justice on 16 January 2014

UPON HEARING John de Bono, one of His Majesty’s Counsel, on behalf of the Claimant and Jeremy Hyam, one of His Majesty’s Counsel, on behalf of the Defendant

WHEREAS pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing 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 to 5.4D and CPR Rule 39.2:

  1. That the identity of the Claimant and his mother and litigation friend and his father not be disclosed.
  2. There be substituted for all purposes of this case in place of reference to the Claimant by name, references to ‘ASX’. Likewise the Claimant’s mother and litigation friend shall be referred to as ‘LSX’ and the Claimant’s father as ‘JSX’.
  3. There shall not be disclosed in any report of the proceedings the names or address of the Claimant or of his parents or any details leading to the identification of the Claimant or his parents and if referred to, they shall only be referred to as ‘ASX’, ‘LSX’ and ‘JSX’
  4. Pursuant to CPR Rule 5.4C a person who is not a party to the 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 and his parents are referred to only as ASX, LSX and JSX
    b) The address of the Claimant and his parents has been deleted from those documents.
    c) There has been redacted any information which might identify the Claimant or his parents.
  5. There shall be no publication in any newspaper or other media of any name, address, picture or information tending to identify the Claimant or his parents.
  6. Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or his Litigation Friend or father by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his Litigation Friend and father for the purposes of their continuing rights and obligations in relation to dealing with this claim and paragraphs 1 and 2 shall not apply in those respects.
  7. The provisions of this Order shall not apply to communications between the Claimant and his parents and his solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant or his parents in order to comply with the terms of the settlement agreement or to any communication between the parties and/or documents which it is necessary to serve and/ or file in relation to the assessments of damages and/or costs.
  8. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.