TXX -v- Maidstone & Tunbridge Wells NHS Trust (anonymity order)
Claim No.: QB-2022-001642
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 10/08/2022
Before:
Master Cook
BETWEEN:
(1) TXX (by His Mother And Litigation Friend, LXX),
(2) LXX
-v-
Maidstone & Tunbridge Wells NHS Trust
ANONYMITY ORDER
UPON READING the Claimants Application for Anonymity and their claim (the “Claim”) against the Defendant for personal injuries suffered by the Claimants arising out of the Defendant’s negligence on 2 August 2019 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division and served upon the Defendant on 31 May 2022.
AND WHEREAS the First Claimant is a Protected Party and brings the Claim by his Mother as Litigation Friend, LXX
AND WHEREAS the Second Claimant is the mother of the First Claimant and his Litigation Friend.
AND UPON
1. Consideration of the Claimant’s Article 8 rights 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 Claimants is necessary in order to protect the interests of the Claimant is necessary in order to protect the interests of the Claimants.
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 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2 (4)
IT IS ORDERED THAT
1. The identity of the Claimants t in these proceedings is protected and shall not be published.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 the proceedings the name or address of the Claimant or of the Claimant’s Mother, or any details that could lead to the identification of the Claimant. The Claimant and his Mother, shall only be referred to as set out at Paragraph 3 of this Order.
3. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant shall be referred to as “TXX”
(ii) The Second Claimant and Litigation Friend shall be referred to as “LXX”
(iii) Any other details liable to lead to the identification of the Claimants (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR rule 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3 (a) to (b) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR 4.4C(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 Claimants’ Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on { } 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, providing that any such application is made on notice to the Claimants’ Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.