R1X2 and R1X3 (interested party) -v- The Hillingdon Hospitals NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2020-002741

In the High Court of Justice
King’s Bench Division

5 December 2022

Before:
Mr Simon Tinkler

Between:
R1X2
(A Child Proceeding by her Father and Litigation Friend
R1X3 )
-v-
The Hillingdon Hospitals NHS Foundation Trust

Order

BEFORE Mr Simon Tinkler sitting as a Deputy Judge of the High Court at the Royal Courts of Justice, Strand, London WC2A 2LL on the 5th December 2022

UPON HEARING Simeon Maskrey KC, Leading Counsel for the Claimant, and Giles Colin, Counsel for the Defendant.

AND UPON there being no objection from the Press Association or any representative of the Press

WHEREAS the Claimant has made a claim against the Defendant for personal injuries arising from an
incident on 29th July 2006 in respect of which proceedings were issued by the Claimant against the
Defendant in the High Court of Justice on 5th August 2020.

AND WHEREAS the Claimant is a Child and brings the Claim by a Litigation Friend

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, the Litigation Friend
and the Claimant’s mother is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) and 39.2(5) 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:

  1. That the identity of the Claimant, the Litigation Friend or the Claimant’s mother shall not be
    disclosed.
  2. That 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 the Claimant be described as “R1X2”, the Litigation Friend as “R1X3”, and the Claimant’s mother as “R1X4”.
  3. That the address of the Claimant, the Litigation Friend and of the Claimant’s mother 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 that of the Litigation Friend or of the Claimant’s mother filed in the proceedings be replaced by a document describing such name or address in anonymised form as above and any document that is produced from the Court file shall be anonymised as aforesaid.
  5. 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 Litigation Friend, and the Court will effect service. The file is to be retained by the Court
    and marked “Anonymised”.
  6. That reporting restrictions apply as to the disclosing of any information that may lead to the
    subsequent identification of the Claimant or Litigation Friend or the Claimant’s mother. The
    publication of the name and address of the Claimant or Litigation Friend or of any member of the immediate family of either of them is prohibited.
  7. The provisions of this Order shall not apply to communications between the parties, their legal representatives and/or NHSLA and/or any person instructed to give legal or financial advice in relation to the claim until payment of all sums ordered in final settlement of the claim and legal costs.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. 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 “R1X2” and the Litigation Friend as “R1X3” and the Claimant’s mother as “R1X4”.
  10. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant
    and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 3 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraphs 3 and 5 shall not apply in those respects.

DATED this 5th day of December 2022

Explanatory Note

The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.