CMX -v- South Tyneside and Sunderland NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-NCL-000024

In the High Court of Justice
King’s Bench Division
Newcastle District Registry

3 December 2024

Before:

HHJ Freedman
sitting as a High Court Judge

Between:

CMX
(By his Mother and Litigation Friend, GPZ)

-v-

South Tyneside and Sunderland NHS Foundation Trust

Anonymity order

BEFORE His Honour Judge Freedman sitting as a High Court Judge at the Newcastle Civil and Family Courts and Tribunals Centre

UPON the Claimants’ Application dated 1 October 2024

AND UPON HEARING Mr Edward Bishop KC, Counsel on behalf of the Claimant, and Ms Sarah Vaughan Jones KC on behalf of the Defendant, remotely via MS Teams

AND WHEREAS the Claimant is a child and protected party and brings the claim by his mother and Litigation Friend, GPZ

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 THE COURT BEING SATISFIED that non-disclosure of the identity of the Claimant and the Litigation Friend is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure

AND UPON 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, rule 39.2(4) of the Civil Procedure Rules, section 11 of the Contempt of Court Act 1981 and section 39 of the Children and Young Persons Act 1933 and rules 5.4C and 5.4D of the Civil Procedure Rules

WHEREAS for the purposes of this order:

(1) “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

(2) Publication for the purpose of this order includes any further publication (as defined in sub-paragraph (1) above) from the date of this order, even if such information has derived from a previous stage or stages of these proceedings

IT IS ORDERED THAT:-

  1. The identity of the Claimant and the Litigation Friend in these proceedings is protected and shall not be published.
    Pursuant to CPR Rule 39.2 (4), section 11 of the Contempt of Court Act 1981 and section 39 of the Children and Young Persons Act 1933 there shall not be disclosed in any report of these proceedings or other publication the name, address, image or other information tending to identify the Claimant or the Litigation Friend in relation to their involvement in these proceedings.
  2. In any statement of case or order or judgment or report or publication or broadcast (by whatever medium) relating to these proceedings:

i. The Claimant shall be referred to as “CMX”
ii. The Claimant’s Litigation Friend shall be referred to as “GPZ”
iii. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.

  1. Pursuant to CPR Rule 5.4C and 5.4D:

(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 2(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 or Deputy.

  1. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 2 above by 4pm on 14 January 2025
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 3 December 2024 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
  3. Nothing in this Order shall prohibit the Defendant from disclosing the Claimant’s or Litigations Friend’s names, addresses or any other information tending to identify them to their indemnifiers, their legal and professional advisers, including medico- legal and/or quantum experts or any other person required by law
  4. 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 or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  5. 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 e-mail to the Judicial Office at judicialwebupdates@judiciary.uk
  6. Costs in the case

Dated 3 December 2024