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AXJ -v- Barts Health NHS Trust (anonymity)

|High Court|Anonymity Order

Claim No. QB-2018-000372

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

2 October 2020

Before:
THE HONOURABLE MR JUSTICE LAVENDER
Between:
AXJ (by her Mother and Litigation Friend RXC)
-v-
BARTS HEALTH NHS TRUST


BEFORE the Honourable Mr. Justice Lavender sitting as a Judge at the Royal Courts of Justice, Strand, London, WC2A 2LL on 2 October 2020
WHEREAS the Claimant is a child and protected party who brings this litigation by her Mother and Litigation Friend and has applied for approval of a proposed settlement of her claim in respect of liability
AND UPON hearing Mr Henry Witcomb one of Her Majesty’s Counsel for the Claimant and Mr Angus Moon one of her Majesty’s Counsel for the Defendants
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interest of the Claimant
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and s11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4B of the Civil Procedure Rules and s39 of the Children and Young Persons Act 1933
IT IS HEREBY ORDERED that:-

  1. The proceedings shall be anonymised as follows:-
    (a) Pursuant to CPR Rule 5.4C, Rule 5.4D and Rule 39.2(4) there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to him will be AXJ (a protected party proceedings by her Mother and Litigation Friend RXC).
    (b) A non party may not obtain a copy Statement of Case or documents from the Court file, without permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6).
    (c) A non party may not obtain a copy of the Statement of Case or documents from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or his immediate family
    (d) There shall be no publication or disclosure of any name, address or information intending to identify the Claimant and his immediate family.
    (e) Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 1(a) above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraph 1(a) shall not apply in those respects
    2. The provisions of this Order shall not apply:-
    (a) to communications between the Court Funds Office and the anonymised party, his Deputy or Litigation Friend 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;
    (b) to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    (c) to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
    (d) to communications for the purpose of providing medical treatment
    3. Any party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
    4. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as AXJ and her Mother and Litigation Friend, RXC.

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