BXM and MXL (interested party) -v- Herefordshire and Worcestershire Health and Care NHS Trust (anonymity order)
Case Number: KB-2023-BHM-000152
In the High Court of Justice
Kings’ Bench Division
Birmingham District Registry
22 June 2023
Before:
The Honourable Mr Justice Martin Spencer
Between:
BXM (A Protected Party By His Mother And Litigation Friend MXL)
-v-
Herefordshire And
Anonymity Order
BEFORE the Honourable Mr Justice Martin Spencer AT the Birmingham District Registry of the High Court
ON the 22nd June 2023
UPON HEARING the application of the Claimant and upon hearing Leading Counsel for the Claimant, Dr Simon Fox KC, and Solicitor for the Defendant, Ms Jasmine Armstrong
WHEREAS the Claimant has made a claim against the Defendant for damages for personal injury suffered by him arising out of the Defendant’s alleged negligent treatment, management and care during his inpatient admission in February 2019.
AND WHEREAS the Claimant is a protected party and brings a claim by his Mother and Litigation Friend MXL.
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 to secure the proper administration of justice and in order to protect the interest of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) It appearing that the case is likely to attract publicity and that revealing the identity of the Claimant is likely to unfairly damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited
(4) The Defendant indicating its neutrality to the making of the Order and there being no representation 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 for the purpose of this order:
(5) Publications include 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.
(6) Publication for the purpose of this order includes any further publication (as defined in subparagraph (1) above) from the date of this order, even if such information was derived from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
(7) The identity of the Claimant as a Party to the proceedings is confidential and shall not be published.
(8) Pursuant to CPR rule 39.2 (4), there shall not be disclosed in any report of these proceedings or other publications the name or address of the Claimant, the Claimant’s litigation friend or other immediate family members, or any details (including other names, addresses, the age if the Claimant, or a specific combination of facts) that could lead to the identification of BXM as the Claimant in these proceedings. The Claimant and the litigation friend shall be referred to as set out in paragraph 10 of this order.
(9) There shall be no publication of the Claimant’s age, name and address, his Litigation Friend’s name and address or any information which may tend to identify the Claimant or his Litigation Friend.
(10) In any judgement or report of these proceedings, or other publications (by whatever medium) in relation thereto:
(a) The Claimant shall be referred to as “BXM”.
(b) The litigation friend shall be referred to as “MXL” and the Claimant’s father as “MXN”.
(c) Any other details which, on their own or together with other information publicly available may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
(11) 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 4 (a) to (c) 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, trustee or deputy.
(12) The court file shall be clearly marked with the words “an anonymity order was made in this case on 22 June 2023 and an 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 the order.”
(13) 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 on7 days’ notice to the Claimant’s solicitor, trustee or deputy.
(14) 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.