WXP -v- Walsall Healthcare NHS Trust (anonymity order)
Claim No: QB-2018-000424
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
Date: 14/03/2022
Before:
Mr Simeon Maskrey QC
sitting as a Deputy High Court Judge
Between:
WXP
(a Protected Party acting by his wife and Litigation Friend MXP)
-v-
WALSALL HEALTHCARE NHS TRUST
ANONYMITY ORDER
BEFORE Mr Simeon Maskrey QC sitting as a Deputy High Court Judge in the Royal Courts of Justice,
Strand on 14 March 2022.
WHEREAS the Claimant is a protected party who brings this litigation by his litigation friend and has applied
for approval of a proposed settlement of his claim in respect of liability and quantum
UPON HEARING Mr Edward Bishop, one of Her Majesty’s Counsel, on behalf of the Claimant and Ms Eleanor
Morrison, Counsel, on behalf of 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 Article 8 right to respect for private and family life and the Article
10 right to freedom of expression
AND UPON there being no representations made by any members of the press or other third parties
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to
protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of
Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:
1. The identity of the Claimant and of the Litigation Friend shall not be disclosed and the proceedings
shall be anonymised as follows:-
(a) In statements of case and other documents filed or served in the proceedings and
in judgments or orders in the proceedings and in any report of the proceedings by the press
or otherwise the Claimant’s and Litigation Friend’s names shall be replaced by the initials
“WXP” and “MXP”, and any address given by the Claimant or Litigation Friend shall be
replaced by that of the Claimant’s solicitors
(b) In so far as necessary any statement of case or other document disclosing the Claimant’s
or Litigation Friend’s name or address filed in the proceedings be replaced by a document
describing such name or address in anonymised form as above
(c) That the original of any such document disclosing the name or address of the Claimant or 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”
(d) That a non-party may not inspect or obtain a copy of any document on or from the Court file
(other than this order duly anonymised as directed) without the permission of a Master or
District Judge. Any application for such permission must be made on notice to the Claimant,
and the Court will effect service. The file is to be retained by the Court and marked
“Anonymised”.
(e) That reporting restrictions apply as to the disclosing of any information that may lead to the
subsequent identification of the Claimant or Litigation Friend.
(f) The publication of the name and address of the Claimant or of any member of the Claimant’s
immediate family or the Litigation Friend is prohibited
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 the
Claimant shall be referred to as WXP and his litigation friend as MXP.