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BXL -v- Ashford And St Peter’s Hospitals NHS Foundation Trust (anonymity order)

CLAIM NO: QB 2019-004323

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISON

Date: 12/05/2022

BEFORE:
HH JUDGE SIMON
sitting as a Judge of the High Court

BETWEEN:
BXL
(By his mother and Litigation Friend JXA)
-v-
ASHFORD AND ST PETER’S HOSPITALS NHS FOUNDATION TRUST

ORDER

BEFORE HH JUDGE SIMON sitting as a Judge of the High Court sitting in the High Court of Justice on 12 May 2022 at a hearing held remotely by MS Teams

UPON HEARING Ms Elizabeth Ann Gumbel one of Her Majesty’s Counsel, on behalf of the Claimant and Mr Philip Havers one of Her Majesty’s Counsel, on behalf of the Defendant on 12 May 2022

AND UPON considering the advice of Ms Gumbel dated 10 March 2022 in support of the settlement of the claim and the documents in the approval hearing bundle

AND UPON consideration of the Claimant’s Article 8 rights to private and family life and the Article 10 right of freedom of expression, and upon it appearing that non-disclosure of the identity of the Claimant is necessary to protect the interests of the Claimant, and there being no overriding countervailing public interest requiring such disclosure, and pursuant to CPR rule 39.2(4) and section 11 of the Contempt of Court Act 1981 and section 6 of the Human Rights Act 1998 and CPR rules 5.4C and 5.4D.

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 The identity of the Claimant as a party to these proceedings is protected and shall not be published.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) there shall not be disclosed in any report of these proceedings or publication the name or address of the Claimant or other immediate family members or any details that could lead to the identification of BXL as the Claimant in these proceedings and his mother and litigation friend as JXA.

3. In any judgment or report of these proceedings:
(a) the Claimant shall be referred to as “BXL”
(b) any other details liable to lead to the identification of the Claimant shall be redacted before publication.

4. Pursuant to CPR Rules 5.4C and 5.4D:
(a) A person who is not a party to the proceedings may not obtain a copy of the 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(a) and (b) above.
(b) 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 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 the file must be dealt with in accordance with the terms of that Order”.

6. The provision of this Order shall not apply –
(a) to communications between the Court Funds Office and/or any Deputy or proposed Deputy and the anonymised party or litigation Friend in relation to the payment of money into the Court Funds Office or any Deputy account for the benefit of the anonymised party or the investment or treatment of payment out of such money; to communications between the Court Funds Office and/or any Deputy and the anonymised party or Litigation Friend and any Deputy or financial institution concerned as to the receipt or investment of such money; or
(b) to records kept by the Court Funds Office, the anonymised party, Litigation Friend or any Deputy or financial institution in relation to such money.

7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge paragraphs 2-6 of this Order, provided that any such application is made on notice to the Claimant’s solicitor or deputy, and that 7 days’ prior notice of the intention to make such an application is given.

8. 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 the purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates.judiciary.uk.

9. The costs of this Order be costs in the case

Dated 12 May 2022

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