Claim No.: QB-2021-002109
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
AXD (by His Mother And Litigation Friend, BXD)
Barts Health NHS Trust
UPON the Claimant’s Application Notice dated 4 January 2021
(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).
(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
(ii) Communications between the Court Funds Office, the anonymised party,
and any financial institution concerned as to the receipt or investment of such
(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
(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 his/her Litigation Friend, and whether orally or in writing,
references to the letters “AXD” and “BXD” respectively.
3 To the extent necessary to protect the Claimant’s and his/her 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
his solicitors in place of his 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 [date of this Order] 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 email@example.com.
10 Costs in the case.