DXY -v- Northamton General Hospital NHS Trust (anonymity order)
Claim No: QB-2021-004223
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 02/02/2022
Before:
Master Thornett
Between:
DXY (A patient by way of his mother and Litigation
friend IXY)
-v-
Northamton General Hospital NHS Trust
ORDER
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 non-disclosure of the identity of the Claimant is
necessary in order 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:
1. That the identity of the Claimant and the Litigation Friend be not disclosed.
2. That 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 “DXY” and “IXY”.
3. That the address of the Claimant and of the Litigation Friend be stated in all
statements of the case and other documents to be filed or served in the
proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document which
will continue to be relevant to the ongoing proceedings 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.
5. That the original of any document already on the court file disclosing the name
or address of the Claimant or of the Litigation Friend is to be placed on a 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”.
6. That 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”.
7. 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.
8. The provisions of this Order shall not apply:
(i) 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;
(ii) 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
(iii) 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. In so far as the Order is made under rule 23.9 without service of a copy of the
application notice on the Defendant, that the Claimant do comply with rule
23.9(2) by service 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.
SERVICE