HXX & Ors -v- Mid And South Essex NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
CLAIM NO: QB-2018-001063
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE HONOURABLE MRS JUSTICE ELLENBOGEN DBE
(BY HIS FATHER AND LITIGATION FRIEND LXX)
MID AND SOUTH ESSEX NHS FOUNDATION TRUST (AS SUCCESSOR TO BASILDON AND THURROCK UNIVERSITY HOSPITALS NHS FOUNDATION TRUST)
BEFORE THE HONOURABLE MRS JUSTICE ELLENBOGEN DBE, sitting at the Royal Courts of Justice, Strand on 13 June 2022 at a hearing held remotely via MS Teams
UPON HEARING Elizabeth-Anne Gumbel one of Her Majesty’s Counsel, on behalf of the Claimants and Simon Readhead one of Her Majesty’s Counsel, on behalf of the Defendant
AND UPON noting that, on 20 March 2020, Master Yoxall made orders substantially in the form made at numbered paragraphs 1 to 12 below, having considered the application of the Claimants dated 16 March 2020
AND WHEREAS the First Claimant is a child and brings the claim by his father and Litigation Friend, LXX
AND UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants and of the First Claimant’s Litigation Friend is necessary in order to protect the interests of the Claimants
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:-
1. the identity of the Claimants and of the First Claimant’s Litigation Friend not be disclosed.
2. the Claimants and the Litigation Friend be described in all statements of case and other documents to be filed 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 by the letters set out below:
a. The First Claimant as HXX
b. The First Claimant’s Litigation Friend as LXX
c. The Second Claimant as LXX
d. The Third Claimant as SXX
3. the addresses of the Claimants and of the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
4. in so far as necessary, any statement of case or other document disclosing the Claimants’ names or addresses, or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. the original of any such document disclosing the name or address of the Claimants [or of the Litigation Friend] is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. reporting restrictions apply as to the disclosing of any information which may lead to the subsequent identification of the Claimants or Litigation Friend. The publication of the names and addresses of the Claimants, or of any member of the Claimants’ immediate family, or the name and address of the Litigation Friend is prohibited.
8. the provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised parties or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised parties or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised parties or Litigation Friend or any such financial institution in relation to such money.
9. the Claimants do by 20 June 2022 draw and file this Order and serve the same on the Defendant.
10. the Claimants do comply with CPR 23.9(2) by service on the Defendant.
11. the Defendants may apply under CPR 23.10 to have this Order set aside or varied.
12. any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
IT IS FURTHER ORDERED THAT:
a copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and, in that copy:
a. the First Claimant shall be referred to as HXX
b. The First Claimant’s Litigation Friend shall be referred to as LXX
c. The Second Claimant shall be referred to as LXX
d. The Third Claimant shall be referred to as SXX.
Dated 13 June 2022