HXL -v- South Tees Hospitals NHS Foundation Trust (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: QB 2022 000891

In the High Court of Justice
King’s Bench Division

Clinical Negligence

4 February 2025

Before:

Jonathan Glasson KC,
sitting as a Deputy High Court Judge

Between:

HXL
(a child by his mother and litigation friend, JYL)

-v-

South Tees Hospitals NHS Foundation Trust

Anonymity order

BEFORE Jonathan Glasson KC sitting as a Deputy High Court Judge in the King’s Bench Division, in the High Court of Justice, Royal Courts of Justice, London WC2A on 4 February 2025.
AND UPON hearing Robin Oppenheim KC one of His Majesty’s Counsel on behalf of the claimant and David Evans KC one of His Majesty’s Counsel on behalf of the defendant
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant’s right 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 Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant 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; section 39 of the Children and Young Persons Act 1933; and CPR rules 5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT:

  1. Pursuant to section 39 of the Children and Young Persons Act 1933 (and subject to that section) no report of this judgment or the hearing on 4 February 2025 may include (a) the name, address or school of the Claimant; (b) any particulars calculated to lead to the identification of the Claimant; and/or (c) a picture that is or includes any picture of the Claimant
  2. In any report or publication within the meaning of section 39(3) of the Children and Young Persons Act 1933 of or in respect of the judgment or the hearing on 4 February 2025 or in relation thereto:
    2.1. The Claimant shall be referred to as “HXL”.
    2.2. The Litigation Friend shall be referred to as “JYL”.
  3. Any other details which, on their own or together with their information publicly available, may lead to the identification of the Claimant (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:
    4.1. 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 2.1-2.2 above.
    4.2. 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 4 pm 4 March 2025.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 4 February 2025 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 Court shall consider whether to vary this Order upon handing down of the judgment of the Court of Appeal in PMC -v- Local Health Board [2024] EWHC 2969 (KB) at the directions hearing to be listed before the Master for directions for the assessment of damages or upon any application for any further directions that are sought by either party.
  10. The costs of obtaining this order be costs in the case.

Dated this 4th day of February 2025