BXL -v- Arslan Dar and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No. KB-2025-004511

In the High Court of Justice
King’s Bench Division

3 March 2026

Before:

Master Byass

Between:

BXL (a protected party by his litigation friend, JXG)

-v-

1. Arslan Dar

2. Imperial College Healthcare NHS Trust

Order

BEFORE Master Byass sitting at the High Court of Justice King’s Bench Division on 3 March 2026

UPON HEARING Counsel for the Claimant and Counsel for the Defendants

AND UPON the Claimant’s Application Notice dated 09 December 2025 

UPON CONSIDERING the protective nature of the approval jurisdiction pursuant to r.21.10 of the Civil Procedure Rules 1998

AND UPON CONSIDERING the Article 8 rights of the Claimant and Litigation Friend to respect for private and family life and the risk of harm that identification may cause to the Claimant and Litigation Friend

AND UPON CONSIDERING the importance of open justice and the Article 10 right to freedom of expression

AND UPON THE COURT CONCLUDING that non-disclosure of the Claimant and Litigation Friend identity is necessary to secure the proper administration of justice and in order to protect the Claimant’s interests

AND UPON THE COURT FURTHER CONCLUDING that it is necessary to make a reporting restriction order

IT IS ORDERED that

  1. The names of the Claimant and the Litigation Friend to be withheld in the statements of case, and in any judgments and orders in this claim, and for those purposes:
    i) The Claimant shall be referred to as BXL;
    ii) The Litigation Friend shall be referred to as JXG;
  2. The Claimant’s address on the claim form shall be substituted by the Claimant’s solicitor’s address. 
  3. No report, whether oral or in writing, or other communication in whatever form (including internet or social media) addressed to the public at large or any section of the public, of or concerning this claim which is published from the date of this order may include:
    a) The name or address or workplace/any other specific feature of the Claimant;
    b) The name or address of the Litigation Friend;
    c) Any particulars likely to lead to the identification of the Claimant or Litigation Friend;
    d) Any image or likeness of the Claimant or Litigation Friend.
  4. The following reports/communications to the public made prior to the date of this order must, by 17 March 2026 either be made so that they can no longer be accessed by the public on the internet/other relevant place or amended to comply with the reporting restrictions imposed by this order.
    1. Sealed Claim Form dated 26 November 2025
    2. Claimant’s Particular’s of Claim dated 25 November 2025
    3. Provisional Schedule of Loss dated 25 November 2025
    4. Medical Report of Dr Ian Starke dated 07 August 2024
    5. Medical Report of Dr Joshua Hersheson dated 06 October 2025
    6. Capacity Assessment Report of Dr Christopher Symeon dated 22 March 2025
    7. COP 3 – Assessment of Capacity dated 03 April 2025
    8. Court of Protection Order dated 13 June 2023
    9. N235 Certificate of Suitability dated 25 November 2025
    10. N251 Notice of Funding dated 26.11.2025

    5. 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 1 [and 2] above.

      (ii)  If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(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 unless the court orders otherwise.

      1. The Claimant’s solicitor shall file with the Court copies of any existing statements of case anonymised in accordance with paragraph 1 and 2 above by [date – 21 days from date of the order].
      2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 3rd March 2026 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.”
      3.  Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or set aside this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
      4. This order shall lapse automatically on the death of the Claimant and its provisions shall have no effect from that time. 
      5. Pursuant CPR 39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales (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.
      6. The costs of obtaining this order be costs in the case.