AXC -v- North West Anglia NHS Foundation (anonymity order)
CLAIM NO: QB-2019-002720
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
CLINICAL NEGLIGENCE
Date: 23/02/2022
Before:
THE HONOURABLE MR JUSTICE LAVENDER
Before:
AXC
(A Child Proceeding by her Father & Litigation Friend
ZXC)
-v-
NORTH WEST ANGLIA NHS FOUNDATION TRUST
ORDER
BEFORE The Honourable Mr Justice Lavender sitting in the High Court of Justice
UPON hearing Mr Martin Forde one of Her Majesty’s Counsel and Dominic Nolan one of her Majesty’s Counsel
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) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(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 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS:
(1) For the purposes of this order:
(i) 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.
(ii) Publication for the purpose of this Order includes any further publication (as
defined in subparagraph (i) above) from the date of this Order, even if such
information has derived from a previous stage or stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to the anonymised party include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney,
trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party in relation to the payment of money into the Court Funds Office for the benefit
of the anonymised party or the investment or treatment of payment out of such
money.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and
advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised party.
IT IS ORDERED that
1 The identity of the Claimant as a party to these proceedings is protected and shall not be
published.
2 There be substituted for all purposes of this case, in place of references to the Claimant and their Litigation Friend, and whether orally or in writing, references to the letters AXC and ZXC respectively.
3 To the extent necessary to protect the Claimant’s and their Litigation Friend’s identity, any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
4 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 marked as confidential 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 The Claimant has permission to amend the Claim Form to give the address of their solicitors in place of their residential address.
6 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 paragraphs 1-3 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 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.
7 The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23 February 2022 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 that any such application is made on notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
9 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.
10 Costs in the case.
23rd February 2022