CXT and another -v- University Hospitals Sussex NHS Foundation Trust (anonymity order)
Claim Number: KB-2024-000978
In the High Court of Justice
King’s Bench Division
3 April 2024
Before:
Master Armstrong
Between:
CXT (Son And Executor Of The Estate Of Mr EXT, Deceased)
Mrs .. BXT (a Protected Party By Her Son And Litigation Friend CXT)
-v-
University Hospitals Sussex NHS Foundation Trust
Order
UPON the Claimant’s Application Notice issued on
AND UPON it appearing the case is likely to have publicity and that revealing the identify of the Claimants is likely to damage the interests of the Claimants and that the Second Claimant lacks capacity under the Mental Capacity Act 2005 and that, accordingly, publications of the details revealing the Claimants’ identity, along with the identity of the Deceased and the Second Claimant’s daughter, ought to be prohibited.
AND PURSUANT to s.6 of the Human Rights Act 1998; s.11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 (4).
AND UPON:
1. Consideration of the Claimants’ Article 8 right to respect private and family life and Article 10 rights.
2. It appearing that non-disclosure of the identity of the Claimants, the Deceased and the Second Claimant’s daughter is necessary in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
3. The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
WHEREAS:
1. For the purposes of this order:
(i) ‘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.
(ii) 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.
2. For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Second Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
IT IS ORDERED that:-
1. All references to the First and Second Claimant by name whether orally or in writing shall be substituted for all purposes of this case, with reference to the letters CXT in respect of the First Claimant and BXT in respect of the Second Claimant. The Second Claimant’s Litigation Friend shall be referred to by the letters CXT. Likewise, the Deceased should be referred to by the letters EXT. Further, the Second Claimant’s daughter, a recipient of damages as apportioned under the Fatal Accidents Act 1976, shall be referred to by the letters JXT.
2. To the extent necessary to protect the First and Second Claimant’s identities, and that of the Litigation Friend, the Deceased and the Second Claimant’s daughter, any other references, whether to persons or places or otherwise, be adjusted appropriately, pursuant to the parties to apply in default of agreement as to the manner of such adjustments.
3. 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, the Second Claimant, the Deceased or the Second Claimant’s daughter 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 BXT as the Claimant in these proceedings. The First Claimant, the Litigation Friend, the Second Claimant, the Deceased and the Second Claimant’s daughter shall be referred to as set out at paragraph 1 of this Order.
4. If any claim form, pleading, judgment or order or any other document which can be accessed pursuant to CPR Rule 5.4 at any time does not comply with paragraphs 1 to 3 above, the Claimants’ solicitor has leave to file with the Court copies of such documents adjusted so as to comply with this Order. Such copies are to be treated for all purposes as substitutions for the relevant originals. The unedited originals are then to be filed with the Court in a sealed envelope marked:- “Not to be opened without the permission of a Judge or Master of the King’s Bench Division.”
5. Pursuant to CPR Rules 5.4C and 5.4D:
(i) 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 paragraph 1 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, trustee or deputy.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
7. Reporting restrictions apply as to the disclosure of any information that may lead to the possible identification of the parties. The identity of the Claimants as a party to these proceedings is protected and shall not be published.
8. The First and Second Claimant have permission to use the address as detailed on the Claim Form of their Solicitors in place of their residential addresses. A copy of the Claim Form with the First and Second Claimant’s full names and addresses is to be placed on file in a sealed envelope marked:- “Not to be opened without the permission of a Judge or Master of the King’s Bench Division.”
9. 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.
10. 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 judicialwebupdates@judiciary.uk.
11. The costs of obtaining this order shall be costs in the case.
12. Permission to apply.