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FXF -v- Barking Havering and Redbridge Hospitals NHS Trust (anonymity order)

Claim No: QB-2019-001409

 

In the High Court of Justice
Queen’s Bench Division

6 July 2020

Before:
The Honourable Mr Justice Kerr
Between:
FXF (by his Father and Litigation Friend SXF)
-v-
Barking Havering and Redbridge Hospitals NHS Trust


BEFORE the Honourable Mr Justice Kerr sitting (remotely) at the Royal Courts of Justice, Strand, London, WC2A 2LL on  6 July 2020
WHEREAS the Claimant is a child and a protected party who brings this litigation by his Litigation Friend and has applied for approval of a proposed settlement of his claim in respect of liability
AND UPON hearing Ms Lizanne Gumbel one of Her Majesty’s Counsel for the Claimant and Ms Sarah Vaughan-Jones one of her Majesty’s Counsel for the Defendants
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and 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 interest of the Claimant
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and s11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4B of the Civil Procedure Rules and s39 of the Children and Young Persons Act 1933
IT IS HEREBY ORDERED that:-
1.The proceedings shall be anonymised as follows:-
(a)Pursuant to CPR Rule 5.4C, Rule 5.4D and Rule 39.2(4) there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to him will be FXF (a protected party proceedings by SXF).
(b)A non party may not obtain a copy Statement of Case or documents from the Court file, without permission of the Court.  Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6).
(c)A non party may not obtain a copy of the Statement of Case or documents from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or his immediate family
(d)There shall be no publication or disclosure of any name, address or information tending to identify the Claimant and his immediate family.
2.Any party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
3.A copy of this Order shall be published on the Courts and Tribunals Judiciary Website specifying that the Claimant shall be referred to as FXF and his Litigation Friend, SXF.

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