OXM and SXX -v- King’s College Hospital NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: KB-2022-003911

In the High Court of Justice
King’s Bench Division

1 November 2022

Before:
Master Cook

Between:
OXM (by His Mother and Litigation Friend, SXS)
-v-
King’s College Hospital NHS Foundation Trust

Order

UPON the Claimant’s Application Notice issued on 19 October 2022.

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression

AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimant and his Litigation Friend is likely unfairly to damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s and his Litigation Friend’s identity ought to be prohibited.

AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.

IT IS ORDERED that

  1. The identity of the Claimant and his Litigation Friend may not be disclosed or published (which includes reference to names and addresses).
  2. There be substituted for all purposes of this case, (including statements of case, other documents filed or served in the proceedings and any judgement or order in the proceedings and any report of the proceedings by the press or otherwise), in place of reference to the Claimant and his Litigation Friend, and whether orally or in writing, references to the letters “OXM” and “SXS” respectively.
  3. The address of each of the Claimant and his Litigation Friend shall be stated in all statements of case and other documents filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. To the extent necessary to protect the Claimant’s and his Litigation Friend’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
  5. Insofar as is necessary, the original of any document disclosing the name or address of those referred to in paragraph 1 above already filed in the proceedings shall be replaced by the Claimant’s solicitors describing such name and address in anonymised form as above.
  6. The original of any document referred to in paragraph is to be placed on the Court file and / or on HMCTS e-filing service system and noted that they should: “not be opened or accessed without the permission of a Judge or Master of the King’s Bench Division”.
  7. 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 permissoin of a Master or High Court Judge. Any application for such permission must be made on notice to the Claimant at the Court will effect service. The file is to be retained by the Court and shall be clearly marked with the words “An Anonymity Order was made in this case on [XXXX] and any application by a non-party to inspect or obtain a copy of a document from this file must be dealt with in accordance with the terms of that Order.”
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. The publication of the name and / or address of the Claimant is prohibited.
  9. Any party affected by this order may apply on notice without restriction of time for an order varying or setting aside this order.
  10. Costs in this case.
  11. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order, the Claimant shall be described as “OXM” and the Litigation Friend shalll be described as “SXS”.