AXX (A protected party proceeding by his Mother and Litigation Friend BXX) -v- BARTS HEALTH NHS TRUST (anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2018-001064

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Before:
GERAINT WEBB QC
SITTING AS A DEPUTY HIGH COURT JUDGE

Between:
AXX (A protected party proceeding by his Mother and Litigation Friend BXX)
-v-
BARTS HEALTH NHS TRUST

ANONYMITY ORDER

Before Geraint Webb QC, sitting as a Deputy High Court Judge, in the Royal Courts of Justice on 17 January 2022, via MS Teams.

AND UPON HEARING Mr Christopher Johnston  one of Her Majesty’s Counsel, on behalf of the Claimant and Mr Andrew Post one of Her Majesty’s Counsel, on behalf of the Defendant

AND WHEREAS the Claimant is a protected party and brings the claim by his mother and Litigation Friend, BXX

AND UPON

  1. Consideration of the Claimant’s Article 8 right 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.
  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 rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

  1. The identity of the Claimant as a party to these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of ABC as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    • The Claimant shall be referred to as “AXX”.
    • The Litigation Friend shall be referred to as “BXX”.
    • 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. Pursuant to CPR Rules 5.4C and 5.4D:
    • 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 subparagraphs 3(i) to (iii) above.
    • 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.
  5. 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.”
  6. 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.
  7. 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 (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.