Claim No: QB-2018-001765
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
CLARE PADLEY (Sitting as a Deputy Judge of the High Court)
(A Child by His Litigation Friend and Mother KLX )
WEST HERTFORDSHIRE HOSPITAL NHS TRUST
BEFORE Clare Padley (Siting as a Deputy Judge of the High Court) at the Royal Courts of Justice, Strand, London, WC2A 2LL on 14th February 2022,
UPON the Claimant’s oral application for an Anonymity Order,
AND UPON reading the draft Order submitted by the Claimant,
AND UPON hearing Leading Counsel for the Claimant and leading Counsel for the Defendant indicating that the Defendant’s neutrality on this issue,
AND UPON there being no representations form the press or other interested parties,
AND UPON consideration of the Claimant’s 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 Claimant is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:-
1. That the identity of the Claimant and of the Litigation Friend shall not be disclosed.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any report of these proceedings or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “IJX”
b. The Litigation Friend shall be referred to as “KLX”
c. Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
4. The Court electronic file shall record that an anonymity order has been made in this case.
5. Pursuant to CPR Rule 5.4C:
a. A person who is not a party to the proceedings may obtain a copy of a statement of case, Judgment or Order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraph 3 above.
b. If a person who is not a party to the proceedings applies (pursuant to CPR r5.4C(1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor and Deputy.
6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such Order is made on notice to the Claimant’s Solicitor or Deputy and that 7 days’ prior notice of the intention to make sure an application is given”
7. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party 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 party 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 party or Litigation Friend or any such financial institution in relation to such money;
8. A copy of this Order shall be published on the Courts and Tribunals Judiciary Website specifying that the Claimant shall be referred to as “IJX” and the Litigation Friend shall be referred to as “KLX”. For that purpose, a court officer shall send a copy of the anonymity order by email to the Judicial Office at Judicialwebupdates@judiciary.uk.
9. Costs in the case.