NXAR -v- West Hertfordshire Hospitals NHS Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: KB-2023-001731
In the High Court of Justice
King’s Bench Division
25 May 2023
NXAR (By his mother and litigation friend, PX)
West Hertfordshire Hospitals NHS Trust
BEFORE The Honourable Judge Glen sitting as Judge of the High Court at an Approval Hearing in the Royal Courts of Justice on the 25th May 2023.
AND UPON HEARING Mr Christopher Johnston one of His Majesty’s Counsel, on behalf of the Claimant and Mr Michael Horne one of His Majesty’s Counsel, on behalf of the Defendant
(1) Consideration of the Article 8 rights of the Claimant and the 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 the 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 from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section11 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 (1) 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- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 HIJ 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:
(a) the Claimant shall be referred to as “NXAR”
(b) the Litigation Friend shall be referred to as “PX”.
(c) 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:
(a) A person who is not a party to the proceedings may not obtain a copy of the 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(a) and (c) 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.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 25th May 2025 and any application by a non-party to inspect or obtain a copy document from the file must be dealt with in accordance with the terms of that Order”.
6.Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or his Litigation Friend by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his Litigation Friend for the purposes of their continuing rights and obligations in relation to dealing with this claim and paragraphs 1 to 4 shall not apply in those respects.
7.The provisions of this Order shall not apply to communications between the Claimant and his parents and his solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant or his mother in order to comply with the terms of the settlement agreement or to any communication between the parties and/or documents which it is necessary to serve and/ or file in relation to the assessments of damages and/or costs.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge paragraphs 2-6 of this Order, provided that any such application is made on notice to the Claimant’s solicitor or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- 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 (judiciary.uk). For the purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates.judiciary.uk.
- The Defendant to pay the costs of obtaining this order forthwith.