GXH -and- EXH -v- South Tyneside and Sunderland NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000021
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 06/01/2022
Before:
Master Cook
Between:
1. GXH
2. EXH
-v-
South Tyneside and Sunderland NHS Foundation
Trust
ORDER
UPON considering the First and Second Claimant’s Application Notice issued on
2022
AND UPON reading the draft Order submitted by the First and Second Claimant
AND UPON consideration of the Claimants’ 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 Claimants is necessary
in order to protect the interests of the Claimants.
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. The identity of the First Claimant, and the Second Claimant, her parents and any details
which may lead to the identification of such be not disclosed.
2. The First Claimant, the Litigation Friend and the Second Claimant be described in all
statements of case to be filed or served in the proceedings and in any judgment or orders in
the proceedings and in any report of the proceedings by the press or otherwise as “GXH” for
the First Claimant and the Litigation Friend, and “EXH” for the Second Claimant. Likewise, that
the Second Claimant’s Father be described as “MXH”.
3. The address of both Claimants, the Litigation Friend and the Second Claimant’s Father
be stated in all statements of case 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 disclosing the Claimants’ names or
addresses, or the name or address of the Litigation Friend or the Second Claimant’s Father
already filed in the proceedings be replaced by a document describing such name or address
in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimants,
the Litigation Friend or the Second Claimant’s Father is to be placed on the Court file in a sealed
envelope marked “placed on the Court file and marked “confidential:
not to be opened without the permission of a Master or High Court Judge”.
6. 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 Claimants,
and the Court will effect service. The file is to be retained by the Court and marked
“Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimants or Litigation Friend or Second Claimant’s
Father. The publication of the name and address of the Claimants or of any member of the
Claimants’ immediate family, or the name and address of the Litigation Friend or the Second
Claimant’s Father is prohibited.
8. The provisions 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 of payment out of such money;
(ii) to communications between the Court Funds Office and/or the
anonymised parties 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 parties or
Litigation Friend or any such financial institution in relation to such money.
9. For the avoidance of doubt:
(i) Provided that the parties and/or their advisors do not publish any
documents containing references to those mentioned in paragraph 2
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
paragraph 2 shall not apply in those respects.
(ii) Nothing in this Order is intended to prevent the Claimants or their family
from discussing this case with their family of friends, should they wish to
do so.
10. That the Claimants do comply with Rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under Rule 23.10 to have this Order set aside or varied.
12. That any non-party affected by this Order may apply on notice to all parties to have this
Order set aside or varied.
13. Costs in the case.