SXW -v- Aneurin Bevan University Health Board (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-004512

In the High Court of Justice
King’s Bench Division

21 March 2024

Before:

Master Armstrong

Between:

Anonymised Party SXW (By his Mother and Litigation Friend, NXR)

-v-

Aneurin Bevan University Health Board

…………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

BEFORE Master Armstrong, sitting in the High Court of Justice, King’s Bench Division,
on 19 March 2024, by MS Teams

WHEREAS the Claimant, a child, has made a claim against the Defendant for personal
injuries suffered by the Claimant as a result of the breach of duty of the Defendant,
and in respect of which proceedings were issued against the Defendant in the High
Court of Justice, King’s Bench Division, on 27 November 2023 (“the claim”)

UPON reading the Claimant’s application notice dated 15 December 2023

AND UPON hearing from Mr Barnes, counsel for the Claimant, and Mr Rees, solicitor
for the Defendant

AND UPON the Court noting the Defendant’s neutral stance in relation to the
Claimants’ application

AND UPON

(1) Consideration of the Article 8 rights of the Claimant to respect for 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 to
secure the proper administration of justice and 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 and CPR rules 5.4C,
5.4D and 39.2(4)

AND WHEREAS for the purposes of this Order:

(1) ‘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.
(2) 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.

IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential
    and shall not be published.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 the Claimant in these proceedings. The
    Claimant and the Claimant’s 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 SXW
    (ii) The Claimant’s Litigation Friend shall be referred to as NXR
    (iii) Any other details which, on their own or together with other information
    publicly available, may 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 (iv) above.
    (ii) If a person who is not a party to the proceedings (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 Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of
    the statements of case that has been anonymised in accordance with
    paragraph 3 above by insert and refiled in the event that any statement of
    case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order
    was made in this case on insert 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.”
  7. 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 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. 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 judicialwebupdates@judiciary.uk.
  9. The costs of obtaining this order be costs in the case.