CXS -v- University Hospital Southampton NHS Foundation Trust (anonymity order)
Claim number: KB-2022-005101
In the High Court of Justice
King’s Bench Division
13 October 2025
Before:
His Honour Judge Richard Roberts,
sitting as a Judge of the High Court
Between:
CXS
(A protected party by her Mother and Litigation Friend
MXS)
-v-
University Hospital Southampton NHS Foundation Trust
Anonymity order
BEFORE His Honour Judge Richard Roberts sitting as a Judge of the High Court at the Royal Courts of Justice on 13 October 2025
UPON HEARING Counsel for the Claimant and Leading Counsel for the Defendant
AND UPON:
(1) considering the protective nature of the approval jurisdiction pursuant to r.21.10 of the Civil Procedure Rules 1998
(2) considering the Article 8 rights of the Claimant and the Litigation Friend to respect for private and family life, and risk of harm that identification may cause to the Claimant / Litigation Friend
(3) considering the importance open justice and the Article 10 right to freedom of expression
(4) the Court concluding that non-disclosure of the identity of the Claimant’s identity is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and the Litigation Friend
(5) the Court further concluding that it is necessary to make a reporting restriction order
(6) the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
IT IS ORDERED THAT:
- The name of the Claimant and the Litigation Friend are to be withheld in the statements of case, and in any judgments and orders in this claim, and for those purposes:
(i) The Claimant shall be referred to as CXS;
(ii) The Litigation Friend shall be referred to as MXS - The Claimant’s address on the claim form shall be substituted by the Claimant’s solicitor’s address.
- No report, whether oral or in writing, or other communication in whatever form (including internet or social media) addressed to the public at large or any section of the public, of or concerning this claim which is published from the date of this order may include:
a. The name or address or school /or workplace/ any other specific feature of the Claimant;
b. The name or address of the Litigation Friend
c. Any particulars likely to lead to the identification of the Claimant or Litigation Friend;
d. Any image or likeness of the Claimant or Litigation Friend. - Any reports or other communications to the public which exist prior to the date of this order are not affected by this order.
- Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 1 and 2 above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy unless the court orders otherwise. - The Claimant’s solicitor shall file with the Court copies of any existing statements of case anonymised in accordance with paragraph 1 and 2 above by 4pm on 3 November 2025.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 13th October 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or set aside this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
- This order shall lapse automatically on the death of the Claimant / other person for whose benefit the order is made (whichever is the later) and its provisions shall have no effect from that time.
- Pursuant CPR 39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales (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.