RX1 -v- Barts Health NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2021-003149

In the High Court of Justice
King’s Bench Division

7 February 2024

Before:

HH Judge Robinson

Between:

RX1 (A Child Proceeding by his Litigation Friend RX2)

-v-

Barts Health NHS Trust

Order

BEFORE HH Judge Robinson sitting as an additional Judge of the High Court, King’s Bench Division at the Royal Courts of Justice, Stand, London, on the 7th of February 2024.

UPON HEARING Simeon Maskrey KC, Counsel on behalf of the Claimant, and John De Bono KC, Counsel on behalf of 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 12th and 13th February 2011 at the Defendant’s premises

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 father 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. The identity of the Claimant or the Litigation Friend 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 “RX1” and the Litigation Friend as “RX2”.
  3. That the address of the Claimant and the Litigation Friend 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 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. 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 “RX1” and the Litigation Friend as “RX2”.
  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.