BXX -v- University Hospitals Coventry and Warwickshire NHS Trust (anonymity order published under CPR 39.2(5)
Claim No HO18COO708
In the High Courts of Justice
Queens’ Bench Division
19 August 2019
Between:
BXX (A child by his mother and Litigation friend CXX)
-v-
University Hospitals Coventry and Warwickshire NHS Trust
ORDER
UPON the Claimant’s application notice issued on 2nd August 2019
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant
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.
IT IS ORDERED THAT:
1. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or his litigation Friend in relation to their involvement in these proceedings.
2. In any publication or broadcast relating to these proceedings the following parties shall be known by the letters set out below:
i. The Claimant as BXX
ii. The Claimant’s Litigation Friend as CXX
3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of the Statement of Case, Judgment or Order from the Court records only if a Statement of Case, Judgment or Order has been anonymised such that:
i. The Claimant and the Claimant’s Litigation Friend are referred to in those documents as BXX and CXX.
ii. The address of the Claimant and the Claimant’s Litigation Friend has been deleted from those documents.
For purposes of this claim including any Statement of Case, Judgment, Order or other document the following parties shall be known by the letters set out below:
i. The· Claimant as “BXX”;
ii. The Claimant’s Litigation Friend as “CXX”
4. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or his Litigation Friend by name the parties and/or their advisers be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his Litigation Friend for the purposes of their continuing rights and obligations under the main settlement of liability order in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
5. In so far as any Statement of Case, Judgment, Order or other documents to which anyone might have access pursuant to CPR Rule 5.4 A-D at any time does not comply with paragraph 1 above, the Claimant’s Solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the Court in a sealed enveloped marked “not ‘to be opened without the permission of a Judge or Master of the Queen 1s Bench Division”.
6. The provisions of this Order shall not apply:
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend 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) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
(iv) to communications with the Court of Protection.
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor and that 7 working days’ prior notice of the intention to make such an Application is given.
8. Claimant to serve sealed order.
DATED the 16th August 2019