XTZ -v- East Suffolk and North Essex NHS Foundation Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2020-003874
In the High Court of Justice
King’s Bench Division
31 October 2022
His Honour Judge Pearce, Sitting as a High Court Judge
(a Child and Protected Party Proceeding by His Father &
Litigation Friend, YTZ)
East Suffolk and North Essex NHS Foundation Trust
BEFORE His Honour Judge Pearce, sitting as a High Court Judge
UPON HEARING Miss Sally Hatfield KC for the Claimant and Mr Alexander Hutton KC for the Defendant
AND UPON consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression
AND UPON the Court being satisfied that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant
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:
- The identity of the Claimant in these proceedings is protected and shall not be published.
- 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, her Litigation Friend or any immediate family members or any details that could lead to the identification of the Claimant. 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:
(1) The Claimant shall be referred to as “XTZ”
(2) The Litigation Friend shall be referred to as “YTZ”
(3) 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 Rules 5.4C and 5.4D:
(1) 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(1) to (3) above.
(2) In the event of anonymised documents being needed to facilitate access to documents from the court records in accordance with paragraph 5 of this Order, the parties shall cooperate with the Court in the supply of suitably edited documents.
(3) 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 or Deputy.
- The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 31 October 2022 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 Solicitor or Deputy, after having given them 7 days’ prior notice of the intention to make such an application.
- Nothing in this order prevents:
(1) communications for the purpose of obtaining medical care, advice or treatment for the anonymised party
(2) the Defendant from disclosing the Claimant’s name, address or any other information tending to identify the Claimant to NHS Resolution or their successors in title and their legal and professional advisers or to HM Revenue & Customs (or its successor), the Compensation Recovery Unit or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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 send a copy of the order by email to the Judicial Office at firstname.lastname@example.org