JXB -v- King’s College Hospital NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000222
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 26/01/2022
Before:
Master Thornett
Between:
JXB ( a child by his mother and litigation friend BXB)
-v-
(1) King’s College Hospital NHS Foundation Trust,
(2)London Ambulance Services NHS Trust
ORDER
UPON an application by the Claimants
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 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. That the identity of the Claimants and First Claimant’s Litigation Friend not be
disclosed.
2. That the Claimants and the First Claimant’s 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 press or otherwise as the following:
a. Claimant as ‘JXB’
b. Claimants Mother and Litigation friend as ‘BXB’.
3. That the address of the Claimants and the First Claimant’s 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. That insofar as necessary, any statement of case or other document disclosing the
Claimants’ name or address or the name or address of the First Claimant’s
Litigation Friend already filed in the proceedings be replaced by a document
describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the
Claimants or of the First Claimant’s 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. That 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. That reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimants or the First Claimant’s
Litigation Friend. The publication of the name and address of the Claimants or any
member of the Claimants’ immediate family or the name and address of the First
Claimant’s Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:
a. 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;
b. 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
c. 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.
9. That the Claimant do comply with rule 23.9(2) by service on the Defendant.
10. That the Defendant may apply under rule 23.10 to have this Order set aside or
varied.
11. That any non-party affected by this Order may apply on notice to all parties to have
this Order set aside or varied.