MXB and TXB (interested party) -v- Kingston Hospital NHS Foundation Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2011-000094
In The High Court Of Justice
King’s Bench Division
3 May 2023
Hugh Mercer Kc (Sitting As A Deputy Judge Of The High Court)
(A Child Proceeding By His
Mother And Litigation Friend TXB)
Kingston Hospital NHS Foundation Trust
BEFORE THE HONORABLE JUSTICE HUGH MERCER KC SITTING AS A DEPUTY JUDGE OF THE HIGH COURT sitting at the Royal Court of Justice, King’s Bench Division, with the parties attending in person and the Family attending virtually on 3 May 2023;
AND UPON HEARING the parties at the Infant Approval Hearing on 3 May 2023;
(1) Consideration of the Article 8 rights of the Claimant and his Litigation Friend 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 to secure the proper administration of justice and in order to protect the interests of the Claimant and his Litigation Friend 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 form 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 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 THAT:
- The identity of the Claimant and his Litigation Friend as a party to these proceedings is confidential and shall not be published.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, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of MXB 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.
- 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 “MXB”.
(ii) The Litigation Friend shall be referred to as “TXB”.
(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 of other immediate family members or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(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 shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
- The Claimant’s solicitors shall file an electronic PDF bundle of the Statements of Case (limited to Claim Form, Particulars of Claim, Defence, Schedule of Loss and Counter Schedule) that have been anonymised according to paragraph 3 above within 21 days, being 24 May 2023.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 3 May 2023 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.”
- 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 solicitor, trustee or deputy.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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 email@example.com.
- Provided that the parties and/or their advisors and/or any Trustee appointed for the Claimant and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under this clinical negligence claim and paragraph 1 shall not apply in those respects.
- The costs of obtaining this order be costs in the case.
Dated this the 3 day of May 2023