CXW -v- Sandwell and West Birmingham Hospitals NHS Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No G90BM132
In the High Court of Justice
Queen’s Bench Division
Birmingham District Registry
21 April 2021
CXW (A protected party proceeding by his litigation friend AXT)
Sandwell and West Birmingham Hospitals NHS Trust
BEFORE Her Honour Judge Kelly sitting as High Court Judge at the Birmingham District Registry, Civil Justice Centre, The Priory Courts, 33 Bull St, Birmingham B4 6DS on 21 April 2021
UPON HEARING Jonathan Jones QC, one of Her Majesty’s Counsel on behalf of the Claimant and Richard Booth QC, Counsel on behalf of the Defendant
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence in February to May 2011
AND WHEREAS the Claimant is a protected party and brings the claim by his mother and litigation friend AXT
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 IT APPEARING that the non-disclosure of the identity of the Claimant is necessary to protect the interests of the Claimant
AND PURSUANT to rule 39.2 (4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:
- The identity of the Claimant and that of the litigation friend shall not be disclosed.
- The Claimant and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as CXW and AXT respectively.
- That the address of the Claimant and of the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- In so far as is necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- The original of any such document disclosing the name or address of the Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
- A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- 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.
- The provisions of this Order shall not apply:-
- to communications between the Court Funds Office and the anonymised party 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;
- to communications between the Court Funds Office and/or the anonymised party or litigation friend and any financial institution concerned as to the receipt or investment of such money; or
- to records kept by the Court Funds Office or the anonymised party or litigation friend or any such financial institution in relation to such money.
9. That the Claimant do serve this Order on the Defendant.
10. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.