FRXE (A minor by her litigation friend and mother ALXL) and another -v- Imperial College Healthcare (anonymity order)

Queen's Bench DivisionAnonymity Order

N THE HIGH COURT OF JUSTICE Claim No.: QB-2019-002584 QUEEN’S BENCH DIVISION

BEFORE:
Master Cook (sitting as vacation Master)

BETWEEN:
FRXE (A Minor By Her Litigation Friend And Mother
ALXL)
Anonymised Party ALXL
–v–
Imperial College Healthcare NHS Trust Defendant

DATE: 11.08.2022

ORDER:
UPON (i) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression. (ii) The Court determining that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
(iii) The Defendant indicating its neutrality to the making of the anonymity order. AND pursuant to section 11 of the Contempt of Court Act 1981 and CPR 5.4A to 5.4D and CPR 39.2(4) and the inherent jurisdiction of the Court
IT IS ORDERED that:

  1. The identity of the Claimant and Litigation Friend in these proceedings is protected and without the permission of a Judge, Master or District Judge of the Queen’s
    Bench Division”.
  2. 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 Judge, Master or District Judge of the Queen’s Bench Division. 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”.
  3. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the Litigation friend, or the Claimant’s family. 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.
  4. For the avoidance of doubt, the provisions of this Order shall not apply to the following, which do not constitute publication within the meaning of paragraph 2 (providing always that proper steps are taken to protect the confidentiality of information from being made public): a)Communications between the Court Funds Office and the Claimant, Litigation Friend or Trustee in relation to the payment of money into the Court Funds Office for the benefit of the Claimant or the investment or treatment of payment out of such money.
    b)Communications between the Court Funds Office, the Claimant’s representatives and/or the Claimant or Litigation Friend and any financial institution concerned as to the receipt or investment of such money.
    c)Records kept by the Court Funds Office, the Claimant’s representatives, the Claimant or Litigation Friend or any such financial institution in relation to such money.
  5. Any person or body affected by this order may apply on notice without restriction of time for an order varying or setting aside this order.
  6. A copy of this Order shall be published on the Judicial Website of the High Court of Justice
  7. Costs in the case.