AXB -v Swansea Bay University Health Board (anonymity order)
Claim number: L90SA014
In the High Court of Justice
King’s Bench Division
Swansea District Registry
27 February 2025
Before:
His Honour Judge Harrison
Between:
AXB (AN INFANT BY HIS LITIGATION FRIEND CXD)
-v-
Swansea Bay University Health Board
Order
Before His Honour Judge Harrison sitting at Cardiff District Registry, Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET.
UPON the Claimant having applied for an Order in the terms set out below
AND UPON A HEARING conducted via CVP
AND UPON HEARING Dominic Nolan KC on behalf of the Claimant and Jonathan Holl-Allen KC on behalf of the Defendant
AND UPON
1. Consideration of the Article 8 Rights of the Claimant to respect for private and family life and the Article 10 Right to Freedom of Expression.
2. There being material in the public domain which identifies the Claimant as someone in respect of whom a claim has been intimated for damages for injury and consequential loss said to arise from clinical negligence on the part of clinicians at a hospital for which the defendant is responsible.
3. It appearing that henceforth in these proceedings which will concern the amount and basis of the compensation payable to the Claimant non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure of that information.
4. The Defendant indicating that it does not oppose the making of the Order and there being no representations from the press or any other interested party.
AND pursuant to Section 6 of the Human Rights Act 1998; Section 39 of the Children and Young Persons Act 1933, Section 11 of the Contempt of Court Act 1981; and CPR Rules 5.4.C, 5.4 D and 39.2(4).
WHEREAS for the purposes of this Order:-.
1. “Publication” includes any speech, writing, broadcast or other communication in whatever form (including internet and social media) which is addressed to the public at large or any section of the public.
2. Publication for the purposes of this Order includes any further publication (as defined in sub-paragraph (I) above) from the date of this Order even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT
1. It shall be permissible to report the matters set out in the Schedule to this Order, but the following shall apply henceforth in respect of these proceedings.
2. Save as provided in the Schedule to this Order the identity of the Claimant as a party to these proceedings is confidential and shall not be published.
3. Save as provided in the Schedule to this Order pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings the identity of other immediate family members of the Claimant or any details (including the other names, addresses or a specific combination of facts) that could lead to identification of the Claimant as the claimant in these proceedings.
4. In any Judgment or report upon these proceedings or other publication (by whatever medium) in relation hereto:-
i. The Claimant shall be referred to as “AXB”.
ii. The Claimant’s Litigation Friend shall be referred to as “CXD”.
iii. Any other details which are on their own or together with other information publicly available may lead to identification of the Claimant (including any names and address or other immediate family members of the Claimant) shall be redacted before publication in such a manner that the Claimant is not identified as the Claimant in these proceedings.
5. Pursuant to CPR Rules 5.4C and 5.4D:-
i. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with
subparagraphs 4(i) to (iii) 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 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, trustee or deputy.
6. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 4 above by 7 February 2025.
7. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on the 16th day of January 2025 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”.
8. Any interested party whether or not a party to the proceedings may apply to the Court to vary or discharge this Order provided any such Application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
9. Pursuant to the “Practice Guide – Publication of Privacy and Anonymity Orders” issued by the Master of the Rolls dated 16th April 2019 a copy of this Order shall be published in the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose a court officer will send a copy of this Order by email to the Judicial Office at judicialwebupdates@judiciary.uk
10. The costs of obtaining this Order shall be costs in the case.