XS1 -v- West Hertfordshire Hospitals NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2020-004301

In The High Court Of Justice
King’s Bench Division

28 March 2023

Before:
Jason Beer KC, sitting as a Deputy High Court Judge

Between:
XS1 (A Child Proceeding by her Mother and Litigation Friend, XS2)
-v-
West Hertfordshire Hospitals NHS Trust

Anonymity Order

BEFORE Jason Beer KC sitting as a Deputy Judge of the High Court

UPON HEARING Simon Taylor KC, Leading Counsel on behalf of the Claimant, and Frances McClenaghan, Counsel on behalf of the Defendant.

AND UPON there being no objection from the Press association or any representative of the Press

WHEREAS the Claimant has made a claim against the Defendant for personal injuries arising from an incident on 13th December 2014 in respect of which proceedings were issued by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division on 4th December 2020.

AND WHEREAS the Claimant is a Child and brings the Claim by a Litigation Friend

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, the Litigation Friend and the Claimant’s father is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) and 39.2(5) 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:

  1. That the identity of the Claimant, the Litigation Friend or the Claimant’s father shall not be disclosed.
  2. That in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise the Claimant be described as “XS1”, the Litigation Friend as “XS2”, and the Claimant’s father as “XS3”.
  3. That the address of the Claimant, the Litigation Friend and of the Claimant’s father be stated in all statements of case and other documents 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 or other document disclosing the Claimant’s name or address or that of the Litigation Friend or of the Claimant’s father filed in the proceedings be replaced by a document describing such name or address in anonymised form as above and any document that is produced from the Court file shall be anonymised as aforesaid.
  5. 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 Litigation Friend, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend or the Claimant’s father. The publication of the name and address of the Claimant or Litigation Friend or of any member of the immediate family of either of them is prohibited.
  7. The provisions of this Order shall not apply to communications between the parties, their legal representatives and/or NHSLA and/or any person instructed to give legal or financial advice in relation to the claim until payment of all sums ordered in final settlement of the claim and legal costs.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as “XS1” and the Litigation Friend as “XS2” and the Claimant’s father as “XS3”.
  10. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 3 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraphs 3 and 5 shall not apply in those respects.