TWX -v- Dartford and Gravesham NHS Trust (anonymity order)
Claim No: QB-2019-003208
In the High Court of Justice
Queen’s Bench Division
1 March 2021
Mr David Pittaway QC, sitting remotely as a Deputy Judge of the High Court
TWX (a child by her mother and Litigation Friend SZY)
Dartford and Gravesham NHS Trust
BEFORE Mr David Pittaway QC sitting remotely as a Deputy Judge of the High Court, Queen’s Bench Division, Royal Courts of Justice, Strand, London WC2
UPON HEARING Mr Joel Donovan one of Her Majesty’s Counsel on behalf of the Claimant and Mr John Whitting one of Her Majesty’s Counsel on behalf of the Defendant, via Microsoft Teams
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 is necessary to protect the interests of the Claimant
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from any interested party
AND PURSUANT to rule 39.2(4) 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 THAT:
- The identity of the Claimant in these proceedings is protected and shall not be published. For this purpose:
(i) ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public.
(ii) publication of any name, address, picture, or other information that could lead to identification of TWX as the Claimant in these proceedings is prohibited.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of TWX 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
- 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 “TWX”
(ii) The Litigation Friend shall be referred to as “SZY”
(iii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
- Pursuant to CPR 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(1) to (3) 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 Solicitors.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitors, and that 7 days’ prior notice of the intention to make such an application is given.
- For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):-
(i) Communications between the Court Funds Office and the anonymised party or Litigation Friend or representatives 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 Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the Claimant’s money
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 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 sent a copy of the order by email to the Judicial Office at email@example.com
Dated 1 March 2021