AXB (by their Litigation Friend AXH) -v- Barts Health NHS Trust (anonymity order)
Claim No. QB-2021-003609
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 22/11/2021
Before:
Master Stevens
Between:
AXB (by their Litigation Friend AXH)
-v-
Barts Health NHS Trust
ORDER
BEFORE Master Stevens sitting in Room E119, Royal Courts of Justice
UPON reading an application from the Claimant dated 20th September 2021
AND WHEREAS the Claimant is now a protected party and brings the claim by his
mother and Litigation Friend, AXH
AND UPON consideration of section 12 of the Human Rights Act 1998
AND UPON the Court being satisfied that an order for non-disclosure of the identity
of the Claimant and his Litigation Friend is necessary in order to protect the interests
of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression and /or pursuant to CPR
Rule 39.2(4) and to s11 Contempt of Court Act 1981, Section 6 of the Human Rights
Act 1998 and CPR Rules 5.4A to 5.4D and the inherent jurisdiction of the court as
follows:
1. That there be substituted for all purposes of this case, and in any report of the
proceedings by the press or otherwise, in place of references to the Claimant
and his Litigation Friend, and whether orally or in writing, references to the
letters “AXB” and “AXH”.
2. That there be substituted for all purposes in this action in place of reference to
the Claimant or Litigation Friend’s address, and whether orally or in writing,
references to” c/o Bolt Burdon Kemp” .
3. Insofar as is necessary, any statement of case or other document already
filed in the proceedings, disclosing the name or address of the Claimant or
Litigation Friend is to be replaced by a document describing such
name/address in anonymised form as above within 21 days of this Order.
4. The original of any such document disclosing the name or address of the
Claimant or Litigation Friend is to be placed in the court file and/or HMCTS e filing service system and noted that they should: “not be opened or accessed
without the permission of a Judge or Master of the Queen’s Bench Division”.
5. To the extent necessary to protect the Claimant’s identity, any other
references, whether to persons or places or otherwise, be adjusted
appropriately, with permission to the parties to apply in default of agreement
as to the manner of such adjustments.
6. So far as the claim form, or any judgment or order, or any other document to
which anyone might have access pursuant to CPR Rule 5.4A-D at any time
does not comply with the above, the Claimant’s solicitor has leave to file with
the court copies of such document adjusted so as to comply therein. Such
copies are to be treated for all purposes as being in substitution for the
relevant originals; and the originals are then to be retained by the court and/or
HMCTS e-filing service system and noted that they should: “not be opened or
accessed without the permission of a Judge or Master of the Queen’s Bench
Division”.
7. A non-party may not obtain or inspect any copy statement of case or other
document from the court file ( other than this Order duly anonymized as
directed) without the permission of a Judge or Master of the Queen’s Bench
Division; any application for such permission must be made or notice to the
Claimant and the court file shall be clearly marked with the words” an
anonymity order was made in this case on 22nd November 2021 and any
application by a non-party to inspect or obtain a copy of a document from this
file must be dealt with in accordance with the terms of that Order”
8. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the parties. There shall be no
publication or other disclosure of any name, address or information tending to
identify the Claimant and Litigation Friend
9. Any party affected by this Order may apply on notice without restriction of
time for an order varying or setting aside this Order.
10. Costs in the case.