DXZ -v- Diagnostic Healthcare Ltd (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: QB-2022-001447

In the High Court of Justice
King’s Bench Division

19 June 2024

Before:

Her Honour Judge Emma Kelly

Between:

DXZ
(Mother and Executrix of the Estate of EXZ deceased)

-v-

Diagnostic Healthcare Ltd
………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

………………………………………………………………………………………………………………………………………………………………………………………

BEFORE HHJ EMMA KELLY sitting as a Judge of the High Court in the King’s Bench
Division at the Royal Courts of Justice, Strand on 19 June 2024

UPON HEARING Counsel for the Claimant and Defendant

AND UPON

(a) Consideration of the Article 8 rights of the minor dependants to respect for
private and family life, and the Article 10 right to freedom of expression.
(b) It appearing that non-disclosure of the identity of the minor dependents is
necessary to secure the proper administration of justice and in order to
protect the interests of the minor dependents and that there is no sufficient
countervailing public interest in disclosure.
(c) 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 and CPR rules 5.4C, 5.4D
and 39.2(4)

WHEREAS for the purposes of this order:

(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as
defined in paragraph (1) 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:

  1. The identities of the Claimant, the Deceased and the Deceased’s family
    members (as detailed below) are confidential and shall not be published.
  2. 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, Deceased or the Deceased’s family members (as detailed below),
    or any details (including other names, addresses, or a specific combination
    of facts) that could lead to the identification of the Claimant, Deceased or
    the Deceased’s family members (as detailed below) in these proceedings.
    Those individuals shall be referred to as set out at paragraph 3 of this
    Order.
  3. In any judgment or report of these proceedings, or other publication (by
    whatever medium) in relation thereto:
    a. The eldest minor dependent shall be referred to as “AXZ”.
    b. The second eldest minor dependent shall be referred to as “BXZ”.
    c. The youngest minor dependent shall be referred to as “CXZ”.
    d. The Claimant shall be referred to as “DXZ”.
    e. The Deceased shall be referred to as “EXZ”.
    f. The Deceased’s eldest child will be referred to as “FXZ”.
    g. The Deceased’s second eldest child will be referred to as “GXZ”.
    h. The Deceased’s sister shall be referred to as “HXZ”.
    i. The Claimant’s husband shall be referred to as “IXZ”.
    j. The Deceased’s brother shall be referred to as “JXZ”.
    k. Any other details which, on their own or together with other
    information publicly available, may lead to the identification of the
    minor dependents (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. 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 (k) above.
    b. 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.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle
    of the statements of case that has been anonymised in accordance with
    paragraph 3 above by 4pm on 9 July 2024, and re-filed in the event that
    any statement of case is amended, within 21 days of such amendment
    being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order
    was made in this case on 19 June 2024 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. 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, trustee or
    deputy.
  8. 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.
  9. The costs of obtaining this order be costs in the case.