MXJ and CJP (interested party) -v- East Kent Hospitals University NHS Foundation Trust (anonymity order)
Claim Number: QB-2020-001837
In the High Court of Justice
King’s Bench Division
4 October 2022
Before:
Mrs Justice Tipples
Between:
MXJ
(By his mother & litigation friend CJP)
-v-
East Kent Hospitals University NHS Foundation Trust
Anonymity Order
BEFORE The Honourable Mrs Justice Tipples sitting in the High Court of Justice on 4 October 2022
UPON hearing Ms Sally Hatfield KC for the Claimant and Mr John Whitting KC for the Defendant
WHEREAS
(1) The Court is aware that the Claimant’s litigation friend (who has married and is now known by her married name CJB) has participated in the Independent Investigation into East Kent Maternity Services (the “Kirkup Enquiry”) and wishes to continue to do so in relation to the liability issues in this case;
(2) However, 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 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 and the Litigation Friend be not disclosed in any report of these proceedings which relate to the settlement of the action. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 2 of this Order.
(2) In any judgment or report of these proceedings in relation to the settlement of the action, or other publication (by whatever medium) in relation thereto:
(a) The Claimant shall be referred to as “MXJ”;
(b) The Litigation Friend shall be referred to as “CJP”;
(c) The Claimant’s father shall be referred to as “MGJ”; and
(d) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
(3) Pursuant to CPR Rules 5.4C and 5.4D:
(i) 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 2(a) to (c) 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 or Deputy.
(4) The Court file shall be clearly marked with the words “An anonymity order was made in relation to settlement issues in this case on [date] 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.”
(5) 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 in relation to settlement issues. The publication, in relation to liability issues, 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.
(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.
(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 MXJ and his litigation friend as CJP.
(9) The Defendant do pay the Claimant’s costs on the standard basis to be the subject of detailed assessment if not agreed.
Dated: 4 October 2022