AXA -v- Airedale NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-002739

In the High Court of Justice
King’s Bench Division

17 April 2024

Before:
Deputy High Court Judge Mr James Healy-Pratt

Between:

AXA
(a child suing by her Father and Litigation Friend, MXA)

-v-

Airedale NHS Foundation Trust

Anonymity Order

BEFORE Deputy High Court Judge Mr James Healy-Pratt in the Royal Courts of Justice on 17th April 2024

WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by her arising out of the negligence of the Defendant on 4 June 2018 and in respect of which proceedings were commenced by the Claimant against the Defendants in the High Court of Justice Queen’s Bench Division on 15 July 2021

WHEREAS the Claimant is a Protected Party and brings the Claim by her father and Litigation Friend, MXA

AND UPON

  1. Consideration of the Claimant’s Article 8 rights 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.
  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 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2 (4)

IT IS ORDERED THAT

  1. The identity of the Claimant in these proceedings is protected and shall not be published.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 the proceedings 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 AXA as the Claimant in these proceedings. The Claimant and her father, shall only be referred to as set out at Paragraph 3 of this Order.
  3. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “AXA”
    (ii) The Litigation Friend shall be referred to as “MXA”
    (iii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR rule 5.4C and 5.4D:
    (i) 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 in accordance with subparagraphs 3 (a) to (b) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR 4.4C(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 or Deputy.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 17th April 2024 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, providing that any such application is made on notice to the Claimant’s Solicitor 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.

Dated this 17th day of April 2024