KXB and others -v- Epsom and St Helier University Hospitals NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-001968

In the High Court of Justice
King’s Bench Division

30 May 2023

Before:

Master Eastman

Between:

KXB (a Child By Her Mother And Litigation Friend, PXB),

PXB

IXB

-v-

Epsom and St Helier University Hospitals NHS Trust

Order

UPON the First Claimant’s Application Notice 23 May 2023
AND UPON consideration of the First 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 identities of the First Claimant, her Litigation Friend and the Second Claimant and the Third Claimant is likely unfairly to damage the interests of the First Claimant and that, accordingly, publication of details revealing the First Claimant’s and her Litigation Friend and the Second Claimant’s and the Third 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. The identity of the First Claimant, her Litigation Friend and the Second Claimant and the Third Claimant may not be disclosed or published (which includes references to names and addresses).
  2. There be substituted for all purposes of this case (including statements of case, other documents filed or served in the proceedings and any judgement or order in the proceedings and any report of the proceedings by the press or otherwise), in place of references to the First Claimant, her Litigation Friend and the Second Claimant, and the Third Claimant, and whether orally or in writing, references to the letters ‘KXB’ and ‘PXB’ and ‘IXB’ respectively.
  3. The address of the First Claimant, her Litigation Friend and the Second Claimant, and the Third Claimant shall be stated in all statements of case and other documents filed or served in the proceedings as the address of the Claimants’ solicitors.
  4. To the extent necessary to protect the First Claimant’s identity, the First Claimant’s Litigation Friend’s and Second Claimant’s identity, and the Third 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.
  5. Insofar as necessary, the original of any document disclosing the name or address of those referred to in paragraph 1 above already filed in the proceedings shall be replaced by the Claimants’ solicitors describing such name and address in anonymised form as above.
  6. The original of any document referred to in paragraph 5 is to be placed on the Court file and / or on 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 King’s Bench Division”.
  7. A non-party may not inspect or obtain any copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or High Court Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and shall be clearly marked with the words, “An Anonymity Order was made in this case on 30th May 2023 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.”.
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. The publication of the name and / or address of the Claimants is prohibited.
  9. Any party affected by this Order may apply on notice without restriction of time for an order varying or setting aside this Order.
  10. Costs in the case.
  11. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the First Claimant shall be described as ‘KXB’, her Litigation Friend and Second Claimant shall be described as ‘PXB’ and the Third Claimant shall be described as ‘IXB’.