PXD -v- Royal Berkshire NHS Foundation Trust (anonymity order)
CLAIM NO. QB-2018-001446
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
19 January 2021
THE HONOURABLE MR JUSTICE MARTIN SPENCER
PXD (A CHILD BY HIS MOTHER AND LITIGATION FRIEND, SXD)
ROYAL BERKSHIRE NHS FOUNDATION TRUST
BEFORE the Honourable Mr Justice Martin Spencer sitting in a remote hearing held by MS Teams on 19th of January 2021
UPON the Claimant’s application issued on 22nd December 2020
AND UPON HEARING Mr Henry Witcomb QC, Counsel on behalf of the Claimant, and Mr Edward Bishop QC, Counsel on behalf of the DefendantAND WHEREAS the Claimant is a protected party and brings the claim by his mother and Litigation Friend, SXD
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 is necessary in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:-
1. The identity of the Claimant in these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or his Litigation Friend in relation to their involvement in these proceedings.
3. In any statement of case or order or judgment or report or publication or broadcast (by whatever medium) relating to these proceedings:
i. The Claimant shall be referred to as PXD
ii. The Claimant’s Litigation Friend shall be referred to as SXD
iii. 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.
4. Pursuant to CPR Rule 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 3(1) to (3) 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.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 19 January 2021 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.”
6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing 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.
7. The costs of this application to be paid by the Defendant on the standard basis if not agreed.