AXB -v- London North West University Healthcare NHS Trust (anonymity order)
Claim No: QB-2021-004419
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Before:
Geraint Webb QC
Between:
AXB
(on his own behalf and on behalf of the Estate of
MXC, Deceased)
-v-
LONDON NORTH WEST
UNIVERSITY HEALTHCARE NHS TRUST
ANONYMITY ORDER
BEFORE Geraint Webb QC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 25th January 2022 at a hearing held in public vis MS Teams.
UPON HEARING Nicholas Peacock, Counsel for the Claimant, and Claire Toogood, Counsel for the Defendant
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 and his immediate family 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 Contempt of Court Act 1981; and CPR Rule 5.4C and 5.4D and CPR Rule 39.2(4)
IT IS ORDERED THAT:
1. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s immediate family, or any details that could lead to the identification of the Claimant or the Claimant’s immediate family. The Claimant, the Deceased and immediate family shall be referred to as set out at paragraph 2 of this Order.
2. Pursuant to CPR 5.4C, 5.4D, and 39.2(4), In any report of these proceedings or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “AXB”
(2) The Deceased shall be referred to as “MXC”
(3) The elder son shall be referred to as “PXD”
(4) The younger son shall be referred to as “EXE”
(5) 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.
3. Pursuant to CPR Rule 5.4C:
(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 paragraph 3 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 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.
4. 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 Order 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.
5. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as AXB, the Deceased as MXC, the elder son as PXD and the younger son as EXE.