MXD -v- Barts Healthcare NHS Trust (anonymity order)
Claim No.: QB-2019-002844
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
15 February 2021
Before:
Master Sullivan
Between:
MXD (A child proceeding by his Father and Litigation Friend JXD)
-v-
Barts Healthcare NHS Trust
UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application for anonymity under Part 1 of this Order.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression.
AND UPON it appearing that non-disclosure of the identity of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and s11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4B of the Civil Procedure Rules and s39 of the Children and Young Persons Act 1933.
IT IS HEREBY ORDERED that:
1 The proceedings shall be anonymised as follows: –
(a) Pursuant to CPR Rule 5.4C, Rule 5.4D and Rule 39.2(4) there shall be substituted for all purposes of this case, in place of reference to the following individuals by name, whether orally or in writing, reference as follows: Claimant, MXD; Litigation Friend JXD.
(b) A non party may not obtain a copy Statement of Case or documents from the Court file, without permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6).
(c) A non party may not obtain a copy of the Statement of Case or documents 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, Litigation Friend or the Claimant’s immediate family.
(d) There shall be no publication or disclosure of any name, address or information intending to identify the Claimant, Litigation Friend or Claimant’s immediate family.
2 That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or the name of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
3 That the original of any such document disclosing the name of the Claimant [or of the litigation friend] is to be placed on the Court file marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
4 Any party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
5 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 MXD and the Litigation Friend as JXD.