KXG -v- The Secretary of State for Health and Social Care (anonymity order)
Claim No: B90LV041
In the High Court of Justice
Queen’s Bench Division
6 September 2021
His Honour Judge Wood QC
KXG (A protected party by his Litigation Friend The Official Solicitor)
The Secretary of State for Health and Social Care
BEFORE His Honour Judge Wood QC, sitting as a Judge of the High Court sitting remotely in the Liverpool District Registry on 6 September 2021.
UPON HEARING Ms Elizabeth-Anne Gumbel, one of Her Majesty’s Counsel, on behalf of the Claimant and Mr Alex 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 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division Liverpool District Registry on 12 August 2015
AND WHEREAS the Claimant is a Protected Party and brings the Claim by his litigation friend, the Official Solicitor
AND UPON the Defendant indicating its neutrality to the making of the Order
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1. That the identity of the Claimant shall not be disclosed.
2. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “KXG”.
3. That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “KXG”.
4. A non-party may not, without the permission of a District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or the Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
6. The provisions of this Order shall not apply:-
(a) to communications between the Court Funds Office and the anonymised party, his Deputy or Litigation Friend 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;
(b) to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(c) to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
( d) To retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(e) To communications between the Defendant and their legal and professional advisers, NHS Resolution, the Compensation Recovery Unit of the Department for Work & Pensions or any other person required by law.
7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
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 KXG.
9. Costs in the case