CXK (a child by her father and litigation friend FYO) -v- University Hospitals of Leicester NHS Trust (anonymity order)
Claim No: QB-2020-000683
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 16/11/2021
Before:
Master Sullivan
Between:
CXK (a child by her father and litigation friend FYO)
-v-
University Hospitals of Leicester NHS Trust
ORDER
Before Master Sullivan sitting at The Royal Courts of Justice, Strand, London
AND UPON the Master reading an Application from the Claimant
AND UPON the Court noting the Defendant’s neutral stance in relation to the
Claimant’s application
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the
terms below is necessary to secure the proper administration of justice and to
protect the interests of the Claimant and there is no sufficient countervailing public
interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act
1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and
CPR Rule 39.2:
(1) That the identity of the Claimant be not disclosed.
(2) There be substituted for all purposes of this case, in place of references to
the Claimant by name and whether orally or in writing, references to
“CXK”. Likewise, the Litigation Friend shall be referred to as “FYO” and the
Claimant’s mother shall be referred to as “RWC”.
(3) That the Claimant, her Litigation Friend and her mother 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 “CXK”, “FYO” and
“RWC” respectively.
(4) That 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.
(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 Claimant’s 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 originals are then to be retained by the court
marked : “ confidential: not to be opened without the permission of a
Judge, Master or District Judge of the Queen’s Bench Division”.
(6) A non-party may not, without the permission of a Master, 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 Claimants. 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 effect service. The file is to be retained
by the Court and marked “Anonymised”.
(7) That reporting restrictions apply as to the disclosing of any information that
may lead to the subsequent identification of the Claimant. The publication
of the name and address of the Claimant or of any member of the
Claimant’s immediate family is prohibited.
(8) The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the
anonymised party, her Deputy 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;
b. to communications between the Court Funds Office and/or the
anonymised party, her Deputy or Litigation Friend and any financial
institution concerned as to the receipt or investment of such money;
or
c. to records kept by the Court Funds Office or the anonymised party,
her Deputy or Litigation Friend or any such financial institution in
relation to such money.
(9) That 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 Judicial Website of the High
Court of Justice specifying that the Claimant shall be referred to as
“CXK”, the Claimant’s Litigation Friend as “FYO” and the Claimant’s
mother as “RWC”.
(11) Costs in the case.