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FXG -v- Alder Hey Children’s Hospital (anonymity order published under CPR 39.2(5)

|Anonymity Order

Claim No: 0LV90051

At Liverpool Civil and Family Courts

27 September 2019

Before:

District Judge Jenkinson

Between:

FXG (suing by her mother and litigation friend SXG)

-v-

Alder Hey Children’s Hospital

 


Before District Judge Jenkinson sitting at Liverpool District Registry, Liverpool, Civil And Family Courts, 35 Vernon Street, Liverpool, L2 2BX.

UPON the Claimant’s Application
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 rule 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.

IT IS ORDERED THAT:
1. That the identity of the Claimant and the Litigation Friend be not disclosed.
2. The Claimant and her Litigation Friend shall hereinafter be referred to in these proceedings as “FXG” and “SXG”.
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 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”.
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. The file is to be retained
by the Court and marked “Private”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the 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 always provided that these restrictions shall not affect the parties’ legal advisors or NHS Resolution in the conduct of the litigation or the arrangements for funding and payment of any award of damages or to restrict them in relation to the possession and retention of documents which refer to such persons or in relation to their communication with third parties including any Deputy, the Court of Protection, witnesses or potential witnesses (to include any expert witnesses), Financial Advisors and the providers of medical or other services to the Claimant.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. That the Claimant draw and file this Order and serve the same on the Defendant.
10. Costs in the case.

The Defendant neither agrees nor disputes the Claimant’s application for anonymity.

Dated 20 September 2019

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