AXG -v- The Royal Marsden NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-000287

In the High Court of Justice
King’s Bench Division

7 November 2023

Before:
Mr. Tom Little K.C.
(Sitting as a Deputy Judge of the High Court at the Royal Courts of Justice)

Between:
AXG
(Widow and Executor of the Estate of RXG, Deceased)
-v-
The Royal Marsden NHS Foundation Trust

Anonymity Order

BEFORE Mr. Tom Little K.C. sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 7th November 2023

UPON the Claimant’s Application

AND UPON hearing Mr Henry Witcomb KC of Counsel, on behalf of the Claimant and Ms Nadia Whittaker of Counsel, on behalf of the Defendant

WHEREAS the Claimant has made a claim (the “Claim”) on behalf of the Estate and Dependants of her deceased husband against the Defendant pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976 in respect of the personal injuries and death suffered by the deceased arising out of the Defendant’s negligence and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, King’s Bench Division

AND WHEREAS one of the Dependants is a Child and brings the Claim by his mother as the Executor of the Estate of his father

AND UPON
(1) Consideration of s12 of the Human Rights Act 1998
(2) The court being satisfied that an order for non-disclosure of the identity of the Claimant, the Deceased and the Dependents for whom the claim is brought and there is no 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.

  1. IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression and/or pursuant to rule 39.2(4) of the Civil Procedure Rules and the Contempt of Court Act 1981, section 11, Section 6 of the Human Rights Act 1998 ,and rules 5.4C and 5.4D of the Civil Procedure Rules:
  2. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the Deceased or Dependants. There shall be no publication or other disclosure of any name, address or information tending to identify them.
  3. 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, the Deceased or Dependents of the Deceased, or any details that could lead to the identification of the Claimant or the Deceased or Dependents. The Claimant, the Deceased and the Dependents shall be referred to as set out at paragraph 3 of this Order and their addresses shall be referred to as set out at paragraph 4 of this Order.
  4. That there be substituted for all purposes in this action and in any report of these proceedings, or other publication (by whatever medium) in relation thereto,
    (a) in place of reference to the Claimant by name, and whether orally or in writing, references to “AXG”.
    (b) in place of reference to the Deceased by name, and whether orally or in writing, references to “RXG”
    (c) in place of reference to the Dependent elder son of the Deceased by name, and whether orally or in writing, references to “GXG”
    (d) in place of reference to the Dependent younger son of the Deceased by name, and whether orally or in writing, references to “JXG”
  5. That there be substituted for all purposes in this action in place of reference to the address of the Claimant, the Estate of the Deceased, and the Dependents and whether orally or in writing, references to “c/o Fieldfisher LLP”.
  6. Pursuant to CPR Rules 5.4C and 5.4D:
    (a) A person who is not a party to the proceedings may not inspect or obtain a copy of any document from the court file (other than this Order duly anonymised as directed) without the permission of a Judge or Master of the King’s Bench Division.
    (b) 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.
  7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7th November 2023 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, providing that any such application is made on notice to the Claimant’s Solicitor, and that 7 days’ prior notice of the intention to make such an application is given.
  9. The provisions of this Order shall not apply:-
    (i) to 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) to communications between the Court Funds Office and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money; or
    (iii) to records kept by the Court Funds Office or the anonymised party or any such financial institution in relation to such money.

Dated this 7th day of November 2023