JXR and TFH (interested party) -v- Hywel Doa University Health Board (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: F90CF031
In the High Court of Justice
King’s Bench Division
Cardiff District Registry
11 May 2023
Before The Honourable Mr Justice Lane
JXR (By Litigation Friend TFH)
Hywel Doa University Health Board
Before The Honourable Mr Justice Lane sitting at Cardiff sitting remotely on Friday the 5th of May 2023
UPON the Claimant having apphed for an order in the terms set out below
AND UPON HEARING Mr Hugh Preston, one of His Majesty’s Counsel, on behalf of the Claimant and Mr Paul Rees, one of His Majesty’s Counsel, on behalf of the Defendant
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article l 0
right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating that it does not oppose the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; sectio_n l I of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media) , which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED BY CONSENT THAT:
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant , the Claimant’s Litigation Friend or other immediate family members of the Claimant, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant as a party in these proceedings. The Claimant and the Claimant’s Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “JXR”.
(ii) The Claim mt’s Litigation Friend shall be referred to as “TFH”.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names or addresses of other immediate family members of the Claimant) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.40:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a .copy of any other document or communication, such application sha11 be on at least 7 days’ notice to the Claimant’s legal representative.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10 March 2023and 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, provided that any such application is made on 7 days’ notice to the Claimant’s solicitors.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated I 6 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at firstname.lastname@example.org.
- The costs of obtaining this order be costs in the case.’
The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
Dated 5 May 2023