AXT (By his Mother and Litigation Friend, CXT) -v- Mid Cheshire Hospitals NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000102
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 18/01/2022
Before:
Master Stevens
Between:
AXT
(By his Mother and Litigation Friend, CXT)
-v-
Mid Cheshire Hospitals NHS Foundation Trust
ORDER
UPON considering the Claimant’s Application Notice issued on 12 January 2022
AND UPON reading the draft Order submitted by the Claimant
AND UPON consideration of S12 of the Human Rights Act 1998
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and
both her Litigation Friend and her father is necessary in order to protect the interests
of the Claimant and that there is no sufficient countervailing public interest in
disclosure
IT IS ORDERED that:-
1. 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 section II of the Contempt of Court Act 1981, Section 6 of
the Human Rights Act 1998 and rules 5.4C and 5.4D of the Civil Procedure Rules.
2. That the identity of the Claimant, the Litigation Friend and the Claimant’s father be
not disclosed.
2. That the Claimant and the litigation friend be described in all statements of case
to be filed or served in the proceedings and in any judgment or order in the proceedings
and in any report of the proceedings by the press or otherwise as “AXT” for the
Claimant and “CXT” for the Litigation Friend. Likewise, the Claimant’s father be
described as “KXT”.
3. That the address of the Claimant, the litigation friend and the Claimant’s father
be stated in all statements of case to be filed or served in the proceedings as the
address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document
disclosing the Claimant’s name, or address or the name or address of the litigation
friend or the Claimant’s father already filed in the proceedings be replaced by a
document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the
Claimant, or of the litigation friend and the Claimant’s father is to be placed on the
Court file and/or HMCTS e-filing system and noted they are “not to be opened without
the permission of a Judge or Master of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from
the Court file (other than this order duly anonymised as directed) without the
permission of a Master or District Judge. Any application for such permission must be
made on notice to the Claimant, and the Court will effect service. The file is to be
retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant, or litigation friend or the
Claimant’s father. The publication of the name or address of, or information tending to
identify, the Claimant, the litigation friend and Claimant’s father is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the
anonymised party 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;
(ii) to communications between the Court Funds Office and/or the
anonymised party or Litigation Friend 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 Litigation Friend or any such financial institution in relation to such
money.
9. For the avoidance of doubt:
(i) Provided that the parties and/or their advisors do not publish any
documents containing references to those mentioned in
paragraph 2 above by name, the parties be at liberty to retain their
files in this case without alteration or substitution and to retain and
generate internal documentation which identifies those people for
the purposes of their continuing rights and obligations under the
Order in this claim and paragraph 2 shall not apply in those
respects.
(ii) Nothing in this Order is intended to prevent the Claimant or his
family from discussing this case with their family of friends, should
they wish to do so.
10. That the Claimant do comply with Rule 23.9(2) by service on the Defendant.
8. That the Defendant may apply under Rule 23.10 to have this Order set aside
or varied.
9. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10. Costs in the case.