BXE -v- Croydon Health Services NHS Trust (anonymity order)
Claim No: QB-2022-000005
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 04/07/2022
Before:
Master Cook
Between:
BXE (a Child Suing By His Father And Litigation
Friend, RZE)
-v-
Croydon Health Services NHS Trust
ANONYMITY ORDER
BEFORE Master Cook sitting at the Royal Courts of Justice on 4 July 2022
UPON HEARING Counsel for the Claimant.
AND UPON:
(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).
WHEREAS:
(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
money.
(ii) Communications between the Court Funds Office, the anonymised party, and
any financial institution concerned as to the receipt or investment of such
money.
(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
money.
(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. 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 BXE 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:
(i) The Claimant shall be referred to as “[BXE]”.
(ii) The Litigation Friend shall be referred to as “[RZE]”.
(iii) 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:
(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 subparagraphs 3(i) to (iii) 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.
5. The Court file shall be clearly marked with the words “An anonymity order was made
in this case on 4th July 2021 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 (www.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.
8. The costs of obtaining this order be costs in the case.