NXY -v- East Kent Hospitals University NHS Foundation Trust (anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2022-001008

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Dated: 12/05/2022

Before:
Master Cook

Between:
NXY (by his son and Litigation Friend, BXY)
-v-
East Kent Hospitals University NHS Foundation Trust

ANONYMITY ORDER
BEFORE MASTER COOK
UPON HEARING Miss Laura Begley, Counsel on behalf of the Claimant and
Solicitor, Miss Charlotte Johnson, 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
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for
personal injuries suffered by him on 26th May 2016 arising out of the Defendant’s
negligence and in respect of which proceedings have been commenced by the
Claimant against the Defendant in the High Court of Justice Queen’s Bench Division.
AND WHEREAS the Claimant is a protected party who brings the claim by her
Litigation Friend
AND WHEREAS the Claimant is a protected beneficiary
AND WHEREAS the parties have reached agreement in respect of the claim and the
matter is before the Court for approval of the proposed terms of settlement pursuant
to the provisions of CPR 21.10.
AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an order in the
terms of paragraphs 1 to 6 below is necessary in order to protect the interests of the
Claimant and that there is no countervailing public interest in disclosure

IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section
6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. The Claimant shall hereafter be referred to as NXY his son and litigation friend
as BXY and the Claimant’s wife as JXY and his other son as CXY.
2. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these
proceedings the name or address of the Claimant, or his son and litigation
friend or any details leading to the identification of either of them or the wife
or other son of the Claimant if referred to, they shall be referred to in these
proceedings as ‘NXY’ (Claimant) and ‘BXY’ (son and Litigation Friend) and
‘JXY’ (Claimant’s wife) and ‘CXY’ (Claimant’s other son).
3. Pursuant to CPR 5.4C a person who is not a party to these 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 such that (a) the Claimant is referred to as NXY, the litigation
friend as BXY in those documents (b) the address has been deleted from
those documents and (c) all details that may lead to their identification are
omitted or deleted. A non-party may not inspect or obtain a copy of any
document from the court file without the permission of a Judge. Any
application for such permission must be made on notice to the Claimant.
4. Any such document held by the Court disclosing the name or address of the
Claimant, the Litigation Friend or the Defendant, is to be placed in the Court
file marked “confidential : not to be opened without the permission of a Judge,
Master or District Judge of the Queen’s Bench Division”. Any electronic file
held by the Court shall be marked “Confidential – not to be opened without
the permission of a Judge, Master or District Judge of the Queen’s Bench
Division”.
5. Nothing in paragraphs 1 to 3 above shall prohibit the Defendant’s insurers
from disclosing the name, address or any other information tending to identify
the Claimant or the other parties to their legal and professional advisers, to
any reinsurers, accountants, auditors and/or to HM Revenue & Customs (or
its successor) or any other person so entitled by law.
6. Any interested party shall have permission to apply in relation to this Order
upon notice to the Claimant’s solicitors.