EXR -v- Royal Berkshire NHS Foundation Trust (anonymity order)
Claim No: QB-2021-004221
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 21/03/2022
Before:
Sarah Crowther QC
Sitting as a Deputy High Court Judge
Between:
EXR
(a child proceeding by her father and Litigation Friend, MXM)
-v-
ROYAL BERKSHIRE NHS FOUNDATION TRUST
ORDER
BEFORE Sarah Crowther QC sitting as Deputy Judge of the High Court at a hearing via MS Teams
AND UPON hearing Lizanne Gumbel QC Counsel attending for the Claimant and Tom Yarrow Counsel for
the Defendant
UPON consideration of the Infant Approval Bundle filed by the Claimant’s solicitor
AND UPON consideration 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 section II of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the
Civil Procedure Rules
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries
suffered by her arising out of the Defendant’s alleged negligence and in respect of which proceedings
were commenced by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench
Division.
AND WHEREAS the Claimant is a child and brings the Claim by her father and Litigation Friend.
IT IS ORDERED: –
1. That the identity of the Claimant and of the Litigation Friend be not disclosed.
2. That the Claimant and the 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 “EXR” and “MXM”.
3. That the address of the Claimant and of the litigation friend 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.
4. 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.
5. 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 marked confidential ”not to be opened without the
permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That 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. This file is to be retained by the Court and marked ”Anonymised”.
7. That reporting restrictions apply as to the disclosing or 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 any member of the Claimant’s immediate family or the name and
address of the litigation friend is prohibited.
8. The provision 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 or 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.
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 website of the Judiciary of England and Wales
(which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that
copy the Claimant shall be referred to as ”EXR” and the litigation friend as ”MXM”.