ZAX -v- Barking, Havering and Redbridge University Hospitals NHS Trust (anonymity order)
Claim No: QB-2021-004338
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 26/01/2022
Before:
Master Cook
Between:
ZAX (a Child Suing By His Father And Litigation
Friend, MAX )
-v-
Barking, Havering and Redbridge University Hospitals NHS Trust
ORDER
UPON the Claimant’s application
AND UPON the court noting the Defendant’s neutral stance in relation to the
Claimant’s application
AND UPON IT APPEARING that publication of the circumstances giving rise to this
claim and any settlement arising therefrom would, absent this Order, involve
unjustifiable interference with the Article 8 rights of the Claimant and his family
AND UPON consideration of the Claimant’s Article 8 right to respect for private family
life and Article 10 right of freedom of expression
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to
prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D
and CPR Rule 39.2(4)
IT IS ORDERED that:
1. In these proceedings:
1.1 The Claimant shall herein after be referred to as ZAX
1.2 The Claimant’s father shall herein after be referred to as MAX
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of the
proceedings the name or address of the Claimant or of the Claimant’s parents
or any details leading to the identification of the Claimant and
2.1 The Claimant shall be referred to in any report of the proceedings as ZAX.
2.2 The Claimant’s father shall in any report of the proceedings be referred to as
MAX.
2.3 To the extent necessary to protect the Claimant and Litigation Friend’s identity,
any other references, whether to persons or places or otherwise, be adjusted
appropriately, with permission to the parties to apply in default of agreement
as to the manner of such adjustments.
3. Pursuant to CPR Rule 5.4C 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 such that:
(a) the Claimant and his father are referred to in those documents only
as ZAX and MAX respectively; and
(b) the addresses of the Claimant, and his parents have been deleted
from those documents.
4. A non-party may not inspect or obtain the copy of any document from the court
file (other than this order – duly anonymised as directed) without the
permission of a Master. Any application for such permission must be made on
notice to the Claimant (the court will effect service).
5. Provided that the parties and/or their advisors and/or the NHS R do not publish
any documents containing references to those mentioned in paragraph 1
above by name, the parties 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 main settlement order in this claim and paragraphs 1 to
4 shall not apply in those respects.
6. A non-party may apply to set aside or vary this order.
SERVICE