XYX and another -v- The Hillingdon Hospitals NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-004064

In the High Court of Justice
King’s Bench Division

20 June 2024

Before:
Her Honour Judge Howells
sitting as a Judge of the King’s Bench Division of the High Court

Between:
(1) XYX, by her Mother and Litigation Friend ZAZ
(2) ZAZ
-v-
The Hillingdon Hospitals NHS Foundation Trust

Anonymity Order

BEFORE Her Honour Judge Howells (sitting as a JUDGE of the Kings Bench Division of the High Court) in the Royal Courts of Justice, Strand, London on 20 June 2024

UPON hearing from Richard Cartwright of Counsel for the Claimant, and Rachel Marcus of Counsel, for the Defendant

AND UPON the Claimant’s application

AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party

IT IS HEREBY ORDERED that:-

WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below for non-disclosure of the identity of the Claimants (including the identification of the Second Claimant as the First Claimant’s Litigation Friend) is necessary to protect the interests of the Claimants and there is no sufficient countervailing public interest in disclosure

AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and the Article 10 rights to freedom of expression

IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, Rules 5.4A to 5.4D of the Civil Procedure Rules and Rule 39.2 of the Civil Procedure Rules;

  1. The identity of the Claimants (including the identification of the Second Claimant as the First Claimant’s Litigation Friend) is not to be disclosed.
  2. The First and the Second Claimants are to be described 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 as “XYX” and “ZAZ” respectively.
  3. The address of the Claimants is to be stated in all statements of case and other documents to be filed or served in the proceedings as the address of their solicitors.
  4. In so far as necessary, any statement of case or other document disclosing the name or address of either Claimant already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimants’ solicitors have leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original and the original of any such document disclosing the name or address of the First Claimant and/or the Second Claimant is to be placed on the Court file marked confidential ”not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. A non-party may not, without the permission of a Master or District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the First Claimant and/or the Second Claimant. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimants and in accordance with CPR r. 5.4C (6) and the Court will affect service. The file is to be retained by the Court and marked “Anonymised”.
  7. Provided that the parties and/or their advisors and/or the NHSR do not publish any documents containing references to those mentioned in paragraphs 2 and 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 paragraph 1 shall not apply in those respects.
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the First Claimant and/or the Second Claimant. The publication of the name and address of the First Claimant and/or the Second Claimant or of any member of their immediate family is prohibited.
  9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  10. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at (www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the First Claimant shall be referred to as “XYX” and the Second Claimant as “ZAZ”.
  11. The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.

(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.

12. Costs in the case.

Dated this 20th day of June 2024