GXK -v- Royal Devon And Exeter and NHS Foundation Trust (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim No: QB-2014-005615

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 31/01/2022

BEFORE:
DEXTER DIAS QC (Sitting as a Deputy Judge of the High Court)

Between:
GXK
(A child by way of his Litigation Friend GXL)
-v-
ROYAL DEVON AND EXETER
-and-
NHS FOUNDATION TRUST

ORDER

Before Dexter Dias QC sitting as a Deputy Judge of the High Court in the High Court of Justice, Queen’s Bench Division on 31 January 2022 in a hearing conducted over Microsoft Teams

UPON HEARING Sally Hatfield one of Her Majesty’s Counsel, on behalf of the Claimant and Alexander Hutton one of Her Majesty’s Counsel on behalf of the Defendant

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 this case has the potential to attract publicity and that non-disclosure of the identity of the Claimant and his Litigation Friend 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 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

AND UPON there being no objection from any member of the public or press

IT IS ORDERED:-

  1. That the Claimant and the Litigation Friend be described in any judgment or order in these proceedings and in any report of the proceedings by the press or otherwise as “GXK” and “GXL”.
  2. 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 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 “Private”.
  3. That reporting restrictions apply so that no information may be reported that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited save for treatment purposes.
  4. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.