CXK -v- Surrey and Sussex Healthcare NHS Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim No. KB-2023-000932
In the High Court of Justice
King’s Bench Division
13 March 2023
CXK (as Executor Of The Estate Of, And On Behalf Of The Dependents Of FXK, Deceased)
Surrey and Sussex Healthcare NHS Trust
Before Master Cook at a remote video hearing on 13 March 2023
UPON HEARING Ms McClenaghan, Counsel, on behalf of the Claimant
- Consideration of the Article 8 rights of the Claimant and her children to respect for private and family life, and the Article 10 right to freedom of expression.
- It appearing that non-disclosure of the identity of the Claimant and her children is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and her children and that there is no sufficient countervailing public interest in disclosure.
- 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; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
- 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.
- Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
- The Children’ referred to below are: JK, whose date of birth is 9 August 2009, and CK whose date of birth is 15 April 2011.
IT IS ORDERED [BY CONSENT] THAT:
- The identity of the Claimant, the deceased and the Children as persons involved in these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Children or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of CXK as the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
- The Claimant shall be referred to as “CXK”.
- 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.
4) Pursuant to CPR Rules 5.4C and 5.4D:
- A person who is not a party to the proceedings may not obtain a copy of a 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(i) and (ii) above.
- If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C (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.
5) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 13 March 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
6) 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 on 7 days’ notice to the Claimant’s solicitor.
7) 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 firstname.lastname@example.org
8) The provisions of this Order shall not apply to communications between the Claimant and her children and her/the Children’s solicitors or financial advisers or between the Defendant and any agent of the Defendant or other person who requires the name of the Claimant or the Children in order to comply with the terms of the settlement agreement or to any communication between the parties and/or documents which it is necessary to serve and/ or file in relation to the assessments of damages and/or costs.
9) The costs of obtaining this order be costs in the case.