RXC -v- North West Anglia NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2017-003124
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
The Honourable Mr Justice Martin Spencer
(A child by her Mother and Litigation Friend, RXA)
NORTH WEST ANGLIA NHS FOUNDATION
BEFORE The Honourable Mr Justice Martin Spencer sitting in the High Court at the
Royal Courts of Justice, Strand, London
UPON HEARING Julian Matthews, Counsel on behalf of the Claimant and Nadia
Whittaker, Counsel on behalf of the Defendant
(1) consideration of the Claimant’s Article 8 right to respect of private and family
life and the Article 10 right to freedom of expression.
(2) it appearing that non-disclosure of the identity of the Claimant is necessary in
order to protect the interests of the Claimant and that there is no sufficient
countervailing public interest in disclosure.
(3) the Defendant indicating its neutrality to the making of the order and there
being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the
Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
(1) For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other
communication in whatever form (including internet and social media),
which is addressed to the public at large or any section of the public.
(ii) Publication for the purpose of this Order includes any further
publication (as defined in subparagraph (i) above) from the date of this
Order, even if such information has derived from a previous stage or
stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples
of communications and records which do 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) 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.
(ii) Communications between the Defendant or its successors in title and
their legal and professional advisers, HM Revenue and Customs (or its
successor), the Compensation Recovery Unit or any other person
required by law.
(iii) Communications between the anonymised party’s representatives and
advisers in managing that party’s affairs.
(iv) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised party.
IT IS ORDERED:
1. The identity of the Claimant as a party to these proceedings is protected and
shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these
proceedings or other publication the name or address of the Claimant, the
Claimant’s Litigation Friend or other immediate family members, or any details
(including other names, addresses, or a specific combination of facts) that
could lead to the identification of RXC as the Claimant in these proceedings.
The Claimant and the Litigation Friend shall be referred to as set out at
paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by
whatever medium) in relation thereto:
i) The Claimant shall be referred to as “RXC”.
ii) The Litigation Friend shall be referred to as “RXA”.
iii) Any other details liable to lead to the identification of the Claimant
(including any names of other immediate family members or their
addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
i) A person who is not a party to the proceedings may not obtain a copy
of a statement of case, judgment or order from the Court records
unless the statement of case, judgment or order has been anonymised
in accordance with subparagraphs 3(i) to (iii) 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, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 15 March 2022 and any application by a non-party to
inspect or obtain a 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, provided that any such application is
made on notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’
prior notice of the intention to make such an application is given.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this
Order shall be published on the Judicial Website of the High Court of Justice
(www.judiciary.uk). For that purpose, a court officer will send a copy of the
order by email to the Judicial Office at email@example.com.
8. The costs of obtaining this order be costs in the case.