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YXM -v- Hillingdon Hospitals NHS Trust (anonymity order published under CPR 39.2(5)

Case No: HQ05X02635

In the High Court of Justice
Queen’s Bench Division
Clinical Negligence

                                                                                                                                                                                   14 May 2019

 

Before:

Master Yoxall

Between:

YXM
(a protected party through his mother and litigation friend, JXM)

-v-

The Hillingdon Hospitals NHS Trust

 


UPON an approval hearing

AND UPON hearing Mr Christopher Kemp Counsel for the Claimant and Ms Rosalind Bird Solicitor for the Defendant

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and Article 10 right to freedom of expression

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, s. 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 Defendant’s name be changed on the Court record to The Hillingdon Hospitals NHS Foundation Trust.
  2. For the purposes of this action there be substituted, in place of reference to the  Claimant by name, reference to the letters YXM. Likewise the Litigation Friend shall be referred to as JXM.
  3. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of the proceedings  the name or address or any details leading to the identification of the Claimant, the Claimant’s parents or any other member of the Claimant’s family. The Claimant and his litigation friend shall only be referred to as YXM and JXM in any such reports.
  4. That the original of any such document disclosing the name or address of the Claimant (or of the Litigation Friend) is to be placed on the Court file in a sealed envelope marked “not to be opened without permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
  5. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this order and there has been redacted any information which might identify the Claimant or the Litigation Friend.
  6. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant.
  7. For the avoidance of doubt:
    a. Provided that the parties and/or their advisors and/or NHS Resolution do not publish any documents containing references to those mentioned in paragraph 1 above by name the parties and/or their advisors and/or NHS Resolution be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the order in this claim and paragraphs 2 to 3 shall not apply in those respects.
    b. Nothing in this order is intended to prevent the Claimant or his family from  discussing this case with their family or friends should they wish to do so.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated the 14th May 2019

 

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