CXO -v- Maidstone and Tunbridge Wells NHS Foundation Trust (anonymity order)
Claim number: KB-2025-001784
In the High Court of Justice
King’s Bench Division
30 June 2025
Before:
Senior Master Cook
Between:
CXO
(a Protected Party, by his Litigation Friend, AXO)
-v-
Maidstone and Tunbridge Wells NHS Foundation Trust
Order
BEFORE Senior Master COOK sitting in the Royal Courts of Justice, Strand, London, on 30th June 2025 via MS Teams.
UPON HEARING Counsel for the Claimant and Leading Counsel for the Defendant.
AND UPON
- Consideration of the Claimant and his Litigation Friend’s Article 8 right 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 his Litigation Friend is necessary in order to protect their interests and that there is no sufficient countervailing public interest in disclosure.
- The Defendant indicating their 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 rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules.
WHEREAS:
- For the purposes of this order:
(a) “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.
(b) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (a) 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:
- The identity of the Claimant and his Litigation Friend as a party to these proceedings is protected and shall not be published.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 Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of CXO as the Claimant in these proceedings. The Claimant and the Litigation Friend 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:
a) The Claimant shall be referred to as “CXO”.
b) The Litigation Friend shall be referred to as “AXO”.
c) Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- 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 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(a) to (c) above.
(b) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(lB) 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.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 30th June 2025 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.” Insofar as the Court file or any part of the file is in a digital format, the digital file shall be flagged to say “subject to privacy restrictions” and insofar as the software permits, there shall be a note inserted to “An Anonymity order was made in this case on 30th June 2025 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 this Order.”
- The Claimant shall file anonymised statements of case electronically with the Court by 29th July 2025.
- 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 notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):-
i. Communications between the Court Funds Office and the anonymised parties, litigation friend or trustee in relation to the payment of money into the Court Fund Office for the benefit of the Claimant or the investment or treatment of payment out of such money.
ii. Communications between the Court Funds Office, the representative of the Claimant, or any financial institution concerned as to the receipt or investment of such money.
iii. Records kept by the Court Funds Office, the representative of the Claimant, or any financial institution concerned as to the receipt or investment of the approved monies.
iv. Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
v. Communications between the Defendant, their insurers, their legal advisors and/or the Compensation Recovery Unit or any other person required by law. - Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 17 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.
- The costs of obtaining this Order be costs in the case.