EXS -v- University Hospitals of Derby & Burton NHS Foundation Trust (anonymity order)
Claim No.: QB-2021-003386
In the High Court of Justice
Queen’s Bench Division
25 November 2021
Before:
Master Cook
Between:
EXS (a Minor by her Mother and Litigation Friend HXH)
-v-
University Hospitals of Derby & Burton NHS Foundation Trust
ORDER
UPON the Parties informing the court in writing that agreement has been reached on the issue of liability
AND UPON the Claimant seeking an anonymity order and the Defendant making no representations on the issue
WHEREAS pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1. The Claimant and her parents shall hereinafter be referred to in these proceedings respectively as ‘EXS’ (the Claimant) and ‘HXH’ (the Claimant’s mother) and ‘SXS’ (the Claimant’s father).
2. There shall not be disclosed in any report of the proceedings the names or address of the Claimant or of her parents or any details leading to the identification of the Claimant or her parents, and if referred to, they shall only be referred to as ‘EXS’ and ‘HXH’ and ‘SXS’.
3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that:-
(a) The Claimant and her parents are referred to only as EXS and HXS and SXS.
(b) The address of the Claimant and her parents has been deleted from those documents.
(c) There has been redacted any information which might identify the Claimant or her parents.
4. There shall be no publication in any newspaper or other media or other disclosure of any name, address, picture or information tending to identify the Claimant or her parents.
5. The provisions of this Order shall not apply to communications between the Claimant or his parents and his solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant or her parents in order to comply with the terms of the settlement agreement or to any communication between the parties and/ or documents which it is necessary to serve and/ or file in relation to the assessment of costs.
6. That NHS Resolution or any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.