CXS -v- Hill (anonymity order)
CLAIM NUMBER: QB-2018-001196
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 07/06/2022
BEFORE:
MR JUSTICE FREEDMAN
BETWEEN:
CXS
(A child by his Father and Litigation Friend LYS)
-v-
1. *DISCONTINUED*
2. DR MICHAEL HILL
ANONYMITY ORDER
BEFORE Mr Justice Freedman sitting at the Royal Courts of Justice, The Strand, London, WC2A 2LL on 7 June 2022 and on 10 June 2022 by Teams
UPON HEARING Marc Willems one of Her Majesty’s Counsel on behalf of the Claimant and Michael Horne one of Her Majesty’s Counsel on behalf of the Defendant
AND UPON the Court noting the Second Defendant’s neutral stance in relation to the Claimant’s application
AND UPON consideration of:
(a) the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(b) The Second Defendant indicating neutrality to the making of the order and there being no representations from the press or any other interested party.
(c) The press making no representations to the contrary.
AND PURSUANT to CPR r. 39.2(4) ) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules, the Court is satisfied that an order in the terms below is necessary 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 and the Litigation Friend shall 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 “CXS”. Likewise, the Litigation Friend shall be referred to as “LYS”.
3. That the Claimant and his Litigation Friend 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 “CXS” and “LYS” 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.
Court Files
5. That in so far as necessary, any statement of case or other document
disclosing the Claimant’s name or address or the name or address of the
litigation friend already filed in the proceedings be replaced by a document
describing such name or address in anonymised form as above.
6. That the original of any such document disclosing the name or address of the
Claimant or of the litigation friend is to be placed on the Court file in a sealed
envelope marked “not to be opened without the permission of a Judge,
Master or District Judge of the Queen’s Bench Division”.
7. That a non-party may not inspect or obtain a copy of any document on or from
either the Court paper files or digital files (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 14 days’ notice to the
Claimant’s solicitor or deputy, and the Court will effect service.
8. The court’s paper and digital files are to be retained by the Court and marked
“Anonymised”.
Reporting Restrictions
9. That reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant [or Litigation Friend] 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.
10. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party, his 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, his 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, his Deputy or Litigation Friend or any such financial institution in relation to such money.
Procedure
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12. That the Claimant do by the 13 June 2022 draw and file this Order and
serve the same on the Defendant.
13. 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 “CXS” and the Claimant’s Litigation Friend as “LYS”.
14. Costs in the case.
Dated the 16th June 2022