JXN (a child by their litigation friend FXJ) -v- Barts Health NHS Trust (anonymity order)
Claim No. QB-2021-003924
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 25/10/2021
Before:
Master Cook
Between:
JXN (a child by their litigation friend FXJ)
-v-
Barts Health NHS Trust
ORDER
UPON the Claimant’s Application Notice issued on 20th October 2021
AND UPON consideration of the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing
the identity of the Claimant is likely unfairly to damage the interests of the Claimant
and that, accordingly, publication of details revealing the Claimant’s identity ought to
be prohibited.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and
CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED that:
1. There be substituted for all purposes of this case, in place of references to
the Claimant and his Litigation Friend, and whether orally or in writing,
references to the letters “JXN” and “FXJ” respectively.
2. To the extent necessary to protect the Claimant’s and his Litigation Friend’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.
3. 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”.
4. A non-party may not obtain any copy statement of case or other document
from the court file unless it has been edited (anonymised) in accordance
with this direction.
5. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the parties.
6. The Claimant has permission to issue the claim form giving the address of
his solicitors in place of his 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”.
7. Any party affected by this order may apply on notice without restriction of
time for an order varying or setting aside this order.
8. Costs in the case