MXB -v- University Hospitals Sussex NHS Foundation Trust (anonymity order)
Claim number: QB-2021-001020
In the High Court of Justice
King’s Bench Division
29 April 2024
Before:
Mrs Justice Collins Rice
Between:
MXB, (a minor, by his mother and litigation friend JYB)
-v-
University Hospitals Sussex NHS Foundation Trust
(Formerly Brighton & Sussex University Hospitals NHS Trust)
Order
PURSUANT to the Claimant’s application made on 15th April 2024
BEFORE Mrs Justice Collins Rice sitting in the High Court of Justice, the Strand, London on 29th April 2024.
UPON HEARING Sally Hatfield one of His Majesty’s Counsel on behalf of the Claimant and Michael De Navarro one of His Majesty’s Counsel on behalf of the Defendant
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 in relation to the settlement of this action and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED
PURSUANTto 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 and the Litigation Friend be not disclosed in any report of these proceedings.
2. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. 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 “MXB”
b) The Litigation Friend shall be referred to as “JYB”
c) Any other details liable to lead to the identification of the Claimant or the Litigtaion Friend (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
a) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(a) and (b) above.
b) 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 or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in relation to this case on 29 April 2024 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent publication of the identity of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
7. 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.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. 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 MXB and his Litigation Friend as JYB.
10. The Defendant do pay the Claimant’s costs on the standard basis to be the subject of detailed assessment if not agreed.