JXW -v- Medway NHS Foundation Trust (anonymity order)
CLAIM No: QB-2019-001648
In the High Court of Justice
Queen’s Bench Division
9 July 2021
Before:
Richard Hermer QC (sitting as a Deputy Judge of the High Court)
Between:
JXW (A child proceeding by his litigation friend AXW)
-v-
Medway NHS Foundation Trust
ANONYMITY ORDER
BEFORE Richard Hermer QC (sitting as a Deputy Judge of the High Court) by remote MS Teams hearing on 8 July 2021
UPON HEARING Mr William Latimer-Sayer one of Her Majesty’s Counsel, on behalf of the Claimant and Mr Alexander Hutton one of Her Majesty’s Counsel on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s alleged negligence on or about 9 September 2011 in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division on 8 May 2019
AND WHEREAS the Claimant is a Child and brings the Claim by his Mother and Litigation Friend
AND UPON:
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) 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 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT:
1. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or his Litigation Friend in relation to their involvement in these proceedings.
2. In any judgment or report of these proceedings or other publication or broadcast relating to these proceedings (by whatever medium) in relation thereto:-
i. The Claimant shall be referred to as JXW
ii. The Claimant’s Litigation Friend shall be referred to as AXW
iii. Any other details liable to lead to the identification of the Claimant (including any
names of other immediate family members or their addresses) shall be redacted
before publication
3. Pursuant to CPR Rule 5.4 C 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 a Statement of Case, Judgment or Order has been anonymised such that:
i. The Claimant and the Claimant’s Litigation Friend are referred to in those documents
as JXW and AXW
ii. The address of the Claimant and the Claimant’s Litigation Friend has been deleted
from those documents.
4. Provided that the parties and/or their advisers do not publish any documents containing
references to the Claimant or his litigation friend by name the parties and/or their advisers be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his litigation friend for the purposes of their continuing rights and obligations under the main settlement of liability order in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
6. In so far as any Statement of Case, Judgment, Order or other documents to which anyone might have access pursuant to CPR Rule 5.4 A – D at any time does not comply with paragraph 1 above, the Claimant’s Solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the Court in a sealed enveloped marked “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
7. 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 and that 7 working days’ prior notice of the intention to make such an Application is given.
8. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as JXW and his litigation friend as AXW.
9. Costs in the case.