Claim No: QB-2020-000789
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Geraint Webb QC
(A child by her Mother and Litigation Friend, CXT)
PENNINE ACUTE HOSPITALS NHS TRUST
BEFORE Geraint Webb QC (Sitting as a Deputy Judge of the High Court) at the Royal Courts of Justice, Strand, London by MS Teams
AND WHEREAS the Claimant is a protected party and brings the claim by her
mother and Litigation Friend
UPON HEARING Julian Matthews, Counsel on behalf of the Claimant and Jeremy Hyam, one of her Majesty’s Counsel, on behalf of the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect of 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 litigation friend and the Defendant indicating its neutrality to the making of the Order and there being no representations from the press or other interested party
AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the CPR
IT IS ORDERED THAT:
1. The proceedings shall be anonymised as follows:-
1.1 The Claimant 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 “CXH” and her litigation friend as “CXT”.
1.2 The address of the Claimant 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.
1.3 In so far as is necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
1.4 The original of any such document disclosing the name or address of the Claimant 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.”
1.5 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 the Court will effect service. The file is to be retained by the Court and marked “Anonymised”
2. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant as a party to proceedings. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
3. Nothing in this order shall prevent the Claimant, the litigation friend, Deputy, or the parties’ legal advisers from making such disclosure to medical, expert or financial specialists as may be required in relation to the further conduct of the Claimant’s claim. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the
anonymised party or Litigation Friend or Deputy 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
(ii) to communications between the Court Funds Office and/or the
anonymised party or Litigation Friend or Deputy and any financial institution
concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or
Litigation Friend or Deputy or any such financial institution in relation to such
4. Any interested party, whether or not a party to the proceedings, may apply on notice to all parties to have this Order set aside or varied.
5. A copy of this order shall be published on the Judicial Website of the High Court of Justice with the name of the Claimant being anonymised in the form of CXH and that of her litigation friend CXT in any reference to this claim.
Dated this 14th day of February 2022