GXR and DXR (interested party) -v- Chelsea and Westminster Hospital NHS Foundation Trust (anonymity order)
Claim Number: QB-2021-001341
In The High Court Of Justice
King’s Bench Division
9 October 2023
Before:
His Honour Judge Tindal
Between:
GXR
(A Child Proceeding by his Mother and Litigation Friend
DXR )
-v-
Chelsea and Westminster Hospital NHS Foundation Trust
Order
BEFORE His Honour Judge Tindal (Sitting as a Judge of the High Court) in the Royal Courts of Justice on 9 October 2023
UPON hearing from Richard Cartwright, Counsel for the Claimant, and Andrew Post, one of His Majesty’s Counsel, for the Defendant
AND UPON the Claimant’s application
AND UPON the Defendant indicating its neutrality to the making of the order and their being no representations from the press or any other interested party
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 his Litigation Friend 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 that:
(1) The identity of the Claimant and his Litigation Friend not be disclosed.
(2) There be substituted for all purposes of this case, in place of references, whether orally or in writing, to the Claimant and his Litigation Friend references to “GXR” and “DXR” respectively.
(3) That the Claimant and his Litigation Friend be described in all statements of case and other documents to be filed hereafter 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 “GXR” and “DXR” respectively.
(4) A non-party may not, without the permission of a Master or District Judge, inspect or obtain any copy statement of case or document 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 Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
(5) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, or his Litigation Friend. The publication of the name and address of the Claimant and of his Litigation Friend is prohibited.
(6) Provided that the parties and/or their advisors and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 2 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraph 1 shall not apply in those respects.
(7) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(8) A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as “GXR” and the Litigation Friend as “DXR”.
(9) Costs of this application be costs in the case.
Dated this 9th day of October 2023