JMS -v- Whittington Health NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-001905

In the High Court of Justice
King’s Bench Division

12 May 2025

Before:

Master Eastman

Between:

JMS
(by his mother and litigation friend, JXM)

-v-

Whittington Health NHS Trust

Order

UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression.

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him on or around 23 March 2018 arising out of the Defendant’s negligence and in respect of which proceedings have been commenced by the Claimant against the Defendant in the High Court of Justice King’s Bench Division.

AND WHEREAS the Claimant is an infant who brings the claim by his Litigation Friend.

AND WHEREAS Judgement has been entered by the Claimant on the terms approved by Master Eastman in the Order dated 13 May 2025.

AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an order in the terms of paragraph 1 to 8 below is necessary in order to protect the interests of the Claimant and that there is no countervailing public interest in disclosure.

IT IS ORDERED pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:

  1. The Claimant shall hereafter be referred to as JMS and his litigation friend as JXM.
  2. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings, the name or address of the Claimant or his Litigation Friend or any details leading to the identification of the Claimant or Litigation Friend and, if referred to, they shall be referred to in these proceedings as JMS and JXM.
  3. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a statement of case, judgement or order from the Court records only if the statement of case, judgement or order has been anonymised such that (a) the Claimant is referred to as JSM and the Litigation Friend as JXM and (b) the address has been deleted from those documents and (c) all details that may lead to their identification are omitted or deleted. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Judge. Any application for such permission must be made on notice to the Claimant.
  4. The original or any such document held by the Court disclosing the name or address of the Claimant and the Litigation Friend, is to be marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”. Any electronic file held by the Court shall be marked “Confidential – not to be without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  5. Nothing in paragraphs 1 to 4 above shall prohibit the Defendant from disclosing the name, address or any other information tending to identify the Claimant or the other parties to their legal and professional advisors and/or to HM Revenue & Customs (or its successor) or any other person so entitled by law.
  6. Nothing in this order prevents communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
  7. Any interested party shall have permission to apply in relation to this Order upon notice to the Claimant’s solicitors.
  8. Costs in the case.