AXB -v- Royal Berkshire Hospital NHS Foundation Trust (anonymity order)
Claim No: QB-2021-002148
In the High Court of Justice
King’s Bench Division
28 July 2022
Before:
Master Thornett
Between:
AXB ( personal representative of the estate of IXJ (deceased))
-v-
Royal Berkshire Hospital NHS Foundation Trust
Upon consideration of the approval bundle filed by the Claimant’s solicitors
And upon the Court noting the Defendant’s neutral stance in relation to the granting of an anonymity order
And upon consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
And upon it appearing that pursuant to CPR r.39.2(4) the Court is satisfied that an order in the terms below for non-disclosure of the identity of the Claimant and his three children and the Deceased is necessary in order to protect the interests of the children and there is no countervailing public interest in disclosure
And pursuant to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rules 5.4A to 5.4D and CPR Rule 39.2(4) of the Civil Procedure Rules and s.39 of the Children and Young Persons Act 1933
(1) It is ordered that:
(a) There shall be no publication of the name and address of the Claimant, his three children or the deceased or any information which may tend to identify them.
(b) There be substituted for all purposes of this case, in place of references to the Claimant and his children by name, and whether orally or in writing, references to the letters “AXB” and “CXD, EXF, GXH” respectively. Likewise, the deceased shall be referred to as “IXJ”.
(c) A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant.
(d) A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymized in accordance with this direction and there have been redacted any information which might identify the Claimant, his children or the deceased.
(e) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 28.07.22 and any application by a non-party to inspect or obtain any copy document from this file must be dealt with in accordance with the terms of that Order.”