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AXS-v- Royal Devon and Exeter NHS Foundation Trust (anonymity order)

Claim number: QB-2017-003323

 

In the High Court of Justice

Queen’s Bench Division

18 May 2020

Before:

Master Yoxall

Between:

AXS

-and-

Royal Devon and Exeter NHS Foundation Trust


UPON the Claimant’s application dated 18 March 2020 and on an approval hearing

AND UPON HEARING from leading counsel for the Claimant and leading counsel for the Defendant

AND UPON considering of the Claimant’s Article 8 right to respect for private and family life and the 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 and section 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 name or address of the Claimant and the name or address of her mother or her Litigation Friend must not be disclosed directly or indirectly in any report of these proceedings.
  2. There shall be no publication of the Claimant’s name and address, the Litigation Friend’s name or address or any information which may tend to identify the Claimant or Litigation Friend.
  3. There be substituted for all purposes of this case, in place of reference to the First Claimant by name, and whether orally or in writing, references to the letters AXS. Likewise, the Litigation Friend shall be referred to as DXS.
  4. A non-party may not inspect or obtain the 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. The Court will serve.
  5. A non-party may not obtain any copy statement of case or documents from the Court file unless it has been anonymised in accordance with this direction and there have been redacted any information which might identify the Claimant or Litigation Friend.
  6. The provisions of this Order shall not apply:-
    (i) to communications between the Court Funds Office and the anonymised party or Litigation Friend 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) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend 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 any such financial institution in relation to such money.
    (iv) to communications with the Court of Protection.
  7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied. The Court will serve.
  8. Claimant to serve sealed order.

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