LXB and SLA (interested party) -v- East and North Hertfordshire NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2019-001601

In The High Court Of Justice
King’s Bench Division

2 May 2023

Before:
David Lock KC
Sitting as a Deputy Judge of the High Court

Between:
LXB (By Her Mother and Litigation Friend SLA)
-v-
East and North Hertfordshire NHS Trust


Anonymity Order

BEFORE DAVID LOCK KC sitting as a Deputy Judge of the High Court sitting at the Royal Courts of Justice, Strand, London WC2A 2LL on 2 May 2023.
UPON HEARING Ms Elizabeth-Anne Gumbel one of His Majesty’s Counsel on behalf of the Claimant and Ms Sarah Vaughan-Jones one of His Majesty’s Counsel on behalf of the Defendant.
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).
    WHEREAS:
  4. For the purposes of this order:
    (a) “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.
    (b) 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.
  5. For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do 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.
    (a) 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.
    (b) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
    (c) 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.
    (d) Retention by all parties to the claim, their representatives, their advisers and NHS Resolution of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
    (e) Communications between the Defendant, The NHS LA or their successors in title and their legal and professional advisers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
    (f) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
    (g) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.

    IT IS ORDERED THAT:
  6. The identity of the Claimant as a party to these proceedings is protected and shall not be published.
  7. 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, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of IXB as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  8. 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 “IXB”.
    (b) The Litigation Friend shall be referred to as “SLA”.
    (c) 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.
    Dated this 2nd May 2023

EXPLANATORY NOTE

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.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.