CXD -v- The Royal Wolverhampton NHS Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
CLAIM NO: QB-2020-001592
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Anthony Dunne Sitting
as a Deputy Judge of the High Court
( A protected party proceeding by his Litigation Friend PXD)
The Royal Wolverhampton NHS Trust
Before Anthony Dunne Sitting as a Deputy Judge of the High Court sitting in the High Courts of Justice, Queen’s Bench Division on 19 July 2022 at a hearing held remotely by Microsoft Teams.
UPON consideration of the Claimant’s Application
UPON HEARING Ms Lizanne Gumbel QC one of Her Majesty’s Counsel, on behalf of the Claimant and Vanessa McKinlay on behalf of the Defendant
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section
6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1) There shall be no publication of the Claimant’s name and address, the Litigation Friend’s name and address or any information which may tend to identify the Claimant or the Litigation Friend.
2) There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “CXD”. Likewise, the Litigation Friend shall be referred to as “PXD”.
3) A non-party may not, without the permission of a Master or District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or the Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
4) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
5) The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party, her Deputy 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;
b. to communications between the Court Funds Office and/or the anonymised party, her Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party, her Deputy or Litigation Friend or any such financial institution in relation to such money.
6) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
7) A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as CXD and the Litigation Friend as PXD.
8) Cost in the case
Dated this 19 day of July 2022