JXK (A Child by her Mother and Litigation Friend, AXK) -v- Imperial College Hospital NHS Foundation Trust Defendant (anonymity)
Claim No: QB-2021-004150
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 16/11/2021
Before
Master Stevens
Between:
JXK (A Child by her Mother and Litigation Friend,
AXK)
-v-
Imperial College Hospital NHS Foundation Trust Defendant
ORDER
UPON the Claimant’s Application Notice issued on 10 November 2021
AND UPON consideration of section 12 of the Human Rights Act 1998
AND UPON the Court being satisfied that an order for non-disclosure of the identity
of the Claimant and her Litigation Friend is necessary in order to protect the interests
of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression and /or pursuant to CPR
Rule 39.2(4) and to s11 Contempt of Court Act 1981, Section 6 of the Human Rights
Act 1998 and CPR Rules 5.4A to 5.4D and the inherent jurisdiction of the court as
follows: –
1. That there be substituted for all purposes of this case, and in any report of the
proceedings by the press or otherwise, in place of references to the Claimant and
her Litigation Friend, and whether orally or in writing, references to the letters
“JXK” and “AXK”.
2. That there be substituted for all purposes in this action in place of reference to the
Claimant or Litigation Friend’s address, and whether orally or in writing,
references to” c/o Bolt Burdon Kemp”
3. The claimant has permission to issue the claim form giving the address of her
solicitors in place of her residential address. A copy of the claim Form with the
claimant’s full name and address is to be placed on file and/or HMCTS e-filing
system noted: “not to be opened or accessed without the permission of a Judge
or Master of the Queen’s Bench Division”.
4. Insofar as is necessary, any statement of case or other document already filed in
the proceedings, disclosing the name or address of the Claimant or Litigation
Friend is to be replaced by a document describing such name/address in
anonymised form as above
5. The original of any such document disclosing the name or address of the claimant
or litigation friend is to be placed in the court file and/or HMCTS e-filing service
system and noted that they should: “not be opened or accessed without the
permission of a Judge or Master of the Queen’s Bench Division”.
6. To the extent necessary to protect the Claimant’s identity, any other references,
whether to persons or places or otherwise, be adjusted appropriately, with
permission to the parties to apply in default of agreement as to the manner of such
adjustments.
7. So far as the claim form, or any judgment or order, or any other document to which
anyone might have access pursuant to CPR Rule 5.4A-D at any time does not
comply with the above, the Claimant’s solicitor has leave to file with the court
copies of such document adjusted so as to comply therein. Such copies are to
be treated for all purposes as being in substitution for the relevant originals; and
the originals are then to be retained by the court and/or HMCTS e-filing service
system and noted that they should: “not be opened or accessed without the
permission of a Judge or Master of the Queen’s Bench Division”.
8. A non-party may not obtain or inspect any copy statement of case or other
document from the court file ( other than this Order duly anonymised) as directed
without the permission of a Judge or Master of the Queen’s Bench Division; any
application for such permission must be made or notice to the Claimant and the
court file shall be clearly marked with the words” an anonymity order was made in
this case on[ date of order] and any application by a non-party to inspect or obtain
a copy of a document from this file must be dealt with in accordance with the terms
of that Order”
9. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the parties. There shall be no publication or
other disclosure of any name, address or information tending to identify the
Claimant and Litigation Friend
10. Any party affected by this Order may apply on notice without restriction of time for
an order varying or setting aside this Order.
11. Costs in the case.