HXG and DZG -v- Newcastle Upon Tyne Hospitals NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Clinical Negligence
Claim Number: KB 2023 MAN 000089

In the High Court of Justice
King’s Bench Division
Manchester District Registry

Before:
District Judge Haisley

Between:

(1) HXG
(2) DZG

-v-

Newcastle Upon Tyne Hospitals NHS Foundation Trust

Anonymity Order

BEFORE District Judge Haisley sitting as a Judge in the High Court, King’s Bench Division,vManchester District Registry at Manchester, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9D on 11 April 2024

UPON hearing solicitor for the Claimants and solicitor for the Defendant

AND UPON
(1) Consideration of the Article 8 rights of the Claimants and their son who is the subject
of this claim to respect for private and family life and the Article 10 right to freedom of
expression.
(2) It appearing that non-disclosure of the identity of the Claimants and their son who is
the subject of this claim is necessary in order to secure the proper administration of
justice and in order to protect the interests of the Claimants their son who is the subject
of this claim and that there is no sufficient countervailing public interest in
disclosure.
(3) 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 subparagraph (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 identity of the Claimants as parties to these proceedings and that of their son as the subject of these proceedings is confidential and shall not be published.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 Claimants, and their son who is the subject of this claim or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants and their son who is the subject of this claim in these proceedings. The Claimants and their son who is the subject of this claim 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:
    (i) The First Claimant shall be referred to as “HXG”.
    (ii) The Second Claimant shall be referred to as “DZG”.
    (iii) Their son who is the subject of this claim shall be referred to as “OYG”;
    (iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants or their son who is the subject of this claim (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:
    (i) 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(i) to (iii) above.
    (ii) 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 Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that have been anonymised in accordance with paragraph 3 above by 2 May 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 11 April 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 Claimants’ 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.

DATED this 11TH DAY OF APRIL 2024