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GXB (through her mother and litigation friend AXB) -v- Liverpool Women’s NHS Foundation Trust (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

CLAIM NO. QB-2019-002088

In the High Court of Justice
Queen’s Bench Division

1 November 2019

 

Before:

Master Yoxall

Between:

GXB (through her mother and litigation friend AXB)

-v-

Liverpool Women’s NHS Foundation Trust

 


UPON the Claimant’s Application Notice issued on 8th May 2019

AND UPON reading the draft order submitted by the Claimant

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and 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, s. 11 of the Contempt of Court Act 1981. and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED that:

1. For the purposes of this action there be substituted, in place of reference to the Claimant by name, reference to the letters GXB. Likewise the Litigation Friend shall be referred to as AXB.
2. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address or any details leading to the identification of the Claimant, the Claimant’s parents or any other member of the Claimant’s family. The Claimant and her Litigation Friend shall only be referred to as GXB and AXB in any such reports.
3. 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 permission of a Judge, Master or District Judge of the Queen’s Bench Division”,
4. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this order and there has been redacted any information which might identify the Claimant or the Litigation Friend.
5. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant.
6. For the avoidance of doubt:
a. Provided that the parties and/or their advisors and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 above by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the order in this claim and paragraphs 2 to 3 shall! not apply in those respects.
b. Nothing in this order is intended to prevent the Claimant and her family from discussing this case with their family or friends should they wish to do so.

7. The provisions of this Order shall not apply:-
[1] 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 of payment out of such money;
[2] 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
[3] 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.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated the 10th June 2019

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