Claim Number: QB-2020-001245
In The High Court of Justice
King’s Bench Division
27 July 2023
Charles Bagot KC
JXP (a child suing by his father and litigation friend, Mr PXP)
University Hospitals of Derby and Burton NHS Foundation Trust
BEFORE Charles Bagot KC sitting as a Deputy High Court Judge sitting in the High Court of Justice, Kings Bench Division on Thursday 27 July 2023.
UPON CONSIDERING THE PAPERS
AND UPON HEARING Elizabeth-Anne Gumbel KC one of His Majesty’s Counsel, on behalf of the Claimant and Marcus Coates-Walker of Counsel, on behalf of the Defendant
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 non-disclosure of the identity of the Claimant is necessary to protect the interests of the Claimant.
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and Rule 5.4A to 5.4D and Rule 39.2(4) of the Civil Procedure Rules
IT IS HEREBY ORDERED as follows:-
- The identity of the Claimant in these proceedings is protected and shall not be published.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “JXP”
b. The Claimant’s Litigation Friend shall be referred to as “PXP”
- Pursuant to CPR Rule 39.2 (4) there shall not be disclosed in any report of the proceedings the names or address of the Claimant or the Claimant’s Litigation Friend or any details leading to the identification of the Claimant and the Claimant’s Litigation Friend. The Claimant and the Claimant’s Litigation Friend, if referred to, shall only be referred to as “JXP” and “PXP”.
- Pursuant to CPR Rule 5.4C and 5.4D:
a. A person who is not a party to the proceedings may obtain a copy of the 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 2 above.
b. If the person who is not a party to the proceedings applies (pursuant to CPR r5.4C(1B) or (2)) for permission to inspect or obtain a copy of any document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27th July 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
- 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 application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- Nothing in paragraphs 1-6 above shall prohibit the Defendant or the NHS Litigation Authority (known as NHS Resolution) from disclosing the Claimant’s name, address or any information to identify him to their reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.
- There shall be no publication in any newspaper or other media or other disclosure of any name, address, picture or information tending to identify the Claimant or the Claimant’s Litigation Friend.
- This Order will be published on the Courts and Tribunals Judicial Website.
- Costs in the case.