RXH -v- Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust (anonymity)
Claim No. QB-2020-002384
In the High Court of Justice
Queen’s Bench Division
3 August 2020
(On his own behalf, as a Dependant and as Personal Representative of the Estate of JXH deceased)
Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust
BEFORE His Honour Judge Simpkiss sitting as a Judge of the High Court at the Royal Courts of Justice, Strand, London, WC2A 2LL on 31 July 2020
WHEREAS the Claimant brings a claim on his own behalf and on behalf of his son, a child, and has applied for approval of a proposed settlement of their claim
AND UPON hearing Mr Matthew Barnes, Counsel for the Claimant and Aneurin Moloney, Counsel for the Defendant
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application
AND UPON consideration of the Claimant’s son’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression 88851383 v1
AND UPON it appearing that non-disclosure of the identity of the Claimants and the First Claimant’s son is necessary in order to protect the interests of the First Claimant’s son
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and s11 of the Contempt of Court Act 1981 and Rules 5.4C and 5.4B of the Civil Procedure Rules and s39 of the Children and Young Persons Act 1933
IT IS HEREBY ORDERED that:-
1. The proceedings shall be anonymised as follows:-
(a) Pursuant to CPR Rule 5.4C, Rule 5.4D and Rule 39.2(4) there shall be substituted for all purposes of this case, in place of reference to the following individuals by name, whether orally or in writing, reference as follows: First Claimant, RXH; Second Claimant, SXH; Third Claimant, JUH; Fourth Claimant, JOH; Deceased, JXH; and, the First Claimant’s child, HXH.
(b) A non party may not obtain a copy Statement of Case or documents from the Court file, without permission of the Court. Any application for such permission should be made on notice to the Claimants and in accordance with CPR 5.4C(6).
(c) A non party may not obtain a copy of the Statement of Case or documents from the Court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimants, the First Claimant’s child, or their immediate families.
(d) There shall be no publication or disclosure of any name, address or information intending to identify the Claimants, the First Claimant’s child, and their immediate family.
2. Any party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
3. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that: First Claimant shall be referred to as RXH; the Second Claimant shall be referred to as SXH; the Third Claimant shall be referred to as JUH; the Fourth Claimant shall be referred to as JOH; the Deceased shall be referred to as JXH; and, the First Claimant’s child shall be referred to as HXH.