TXT -v- Barking, Havering and Redbridge University Hospitals NHS Trust (anonymity order)
Claim No: QB-2022-002881
In the High Court of Justice
Queen’s Bench Division
7 August 2022
Before:
Master Brown
Between:
TXT
(a child, suing through his mother and Litigation Friend AXK)
-v-
Barking, Havering and Redbridge University Hospitals NHS Trust
Order
UPON considering the Claimant’s Application Notice issued on 31st August 2022
AND UPON reading the draft Order submitted by the Claimant
AND UPON
(a) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(b) 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 there is no sufficient countervailing public interest in disclosure.
(c) 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 CRP rules 5.4C and 5.4D and 39.2(4).
IT IS ORDERED that:-
1. The identity of the Claimant and his parents not be disclosed.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any statements of case to be filed or served in the proceedings, in any judgment or order in the proceedings and 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. The Claimant, the Claimant’s Litigation Friend and the Claimant’s father shall be referred to as set out at Paragraph 3 of this Order.
3. In any documents referred to in paragraph 2 above in relation thereto:
a. The Claimant shall be referred to as TXT
b. The Litigation Friend shall be referred to as AXK
c. The Claimant’s father shall be referred to as SXT
d. The address of the Claimant and his parents be stated in all statements of case 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 disclosing the Claimant’s name, or address or the name or address of his parents already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. Pursuant to CPR Rules 5.4C and 5.4D:
a. 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(a) to (d) above.
b. 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.
6. That the original of any such document disclosing the name or address of the Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
7. 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.”
8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or his parents. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family, or the name and address of the litigation friend is prohibited.
9. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend 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) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
9. For the avoidance of doubt:
(i) Provided that the parties and/or their advisors do not publish any documents containing references to those mentioned in paragraph 3 above by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the Order in this claim and paragraph 2 shall not apply in those respects.
(ii) Nothing in this Order is intended to prevent the Claimant or his family from discussing this case with their family of friends, should they wish to do so.
10. The Claimant do draw and file this Order and serve the same on the Defendant within 14 days of the date of the Order.
11. 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.
12. Costs in the case.