CXR -v- The Leeds Teaching Hospitals NHS Trust (anonymity order)

County CourtAnonymity Order

CLAIM NO: L01LS023

CLINICAL NEGLIGENCE
IN THE COUNTY COURT AT LEEDS

10 January 2025

Before:

HHJ Mark Gargan

Between:

CXR (AS EXECUTOR ON BEHALF OF THE ESTATE OF BST AND ON BEHALF OF THE DEPENDANTS OF BST)

-v-

The Leeds Teaching Hospitals NHS Trust


Order

BEFORE HHJ Mark Gargan sitting in the County Court at Leeds, Leeds Combined Court Centre, 1 Oxford Row, Leeds, LS1 3BG on 10 January 2025

UPON HEARING Counsel for the Claimant

AND UPON considering the Claimant’s Article 8 right to respect of private and family life and the Article 10 right to freedom of expression in respect of the Claimant and all dependants in this case

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and all dependants is necessary in order to protect the interests of the child dependants

AND PURSUANT to r39.2(4) of the CPR, section 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the CPR

WHEREAS for the purpose of this Order:

(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) ‘Publication’ for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

1. The identity of the Claimant or of any of the dependants is not to be disclosed.

2. The Claimant be described in all documents filed or served, and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise, as “CXR” and the Deceased be described as “the Deceased” or “BST”.

3. The adult dependants in the claim are to be described as “adult dependant 1”, “adult dependant 2”, etc or “elder son”, “younger son” and “cousin.”

4. The child dependants in the claim are to be described as “child dependant 1”, “child dependant 2” etc or “youngest child of the deceased”, “first grandchild of the deceased”, “second grandchild of the deceased” and “third grandchild of the deceased.”

5. The address of the Claimant be stated in all statements of case and other documents to be filed or served, and in any judgment or order, as the address of the Claimant’s solicitors.

6. Insofar as is necessary, any statement of case or other document disclosing the name or address of the Claimant or any of the dependants already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.

7. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3, 4, 5 and 6 above by 4pm on 31 January 2025.

8. The original of any such document disclosing the name or address of the Claimant or any of the dependants 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 King’s Bench Division.”

9. 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”.

10. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or any of the dependants as a party to these proceedings. The publication of the Claimant’s name and address, or of any of the dependants’ names and addresses, or any member of their immediate family is prohibited.

11. Nothing in this Order shall prevent the Claimant, the Litigation Friends 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 claim.

12. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk

13. The costs of obtaining and complying with this order be costs in the case

14. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.