Claim No: QB-2018-001678
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Bruce Carr QC
(A Child Proceeding by his Mother and Litigation Friend
Birmingham Women’s and Children’s Hospital NHS Foundation Trust
BEFORE Bruce Carr QC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice (via MS Teams) on 31 January 2021 at 11am.
UPON HEARING Dr Simon Fox QC, one of Her Majesty’s Counsel on behalf of the Claimant and Jonathan Hand QC, one of Her Majesty’s Counsel on behalf of the Defendant.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON it appearing that non-disclosure of the identity of the Claimant and his Litigation Friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D 39.2(4) of the Civil Procedure Rules.
IT IS ORDERED:
1. That the identity of the Claimant and of the litigation friend be not disclosed.
2. That the Claimant and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “MXU” and “AXB”.
3. That the address of the Claimant and of the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification 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.
8. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party 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 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 or Litigation Friend or any such financial institution in relation to such money.
9. That the Claimant do by 7 February 2022 draw and file this Order and serve the same on the Defendant.
10. That the Defendant may apply under rule 23. 10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.