HXF -v- Royal United Hospitals Bath NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000205
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 15/03/2022
Before:
Master Stevens
Between:
HXF (A child proceeding by her Father and Litigation
Friend, HYK)
-v-
Royal United Hospitals Bath NHS Foundation Trust
ORDER
UPON READING an application notice by the Claimant dated 21 January 2022 and
deciding the same without a hearing.
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: –
1. That the identity of the Claimant and of the Litigation Friend not be disclosed.
2. That the Claimant and the Litigation Friend be described in all statements of
case and other documents to be filed or served in the proceedings and in any
judgment or order in the proceedings and in any report of the proceedings by
the press or otherwise as “HXF” and “HYK” respectively.
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 and/or
HMCTS e-filing service system marked “confidential: not to be opened without
the permission of a Master or High Court Judge”.
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 High Court 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 shall be clearly marked with
the words “An Anonymity Order was made in this case on 15th March 2022 and
any application by a non-party to inspect or obtain a copy of a document from
the file must be dealt with in accordance with the terms of that Order”.
7. That reporting restrictions apply as to the disclosing of any information 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 or the name and address of the Litigation Friend
is prohibited.
8. The provisions of this Order shall not apply: –
(a) 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;
(b) 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
(c) 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.
9. That the Claimant serve this Order on the Defendant within 7 days of the date
of the Order being distributed to the Claimant’s legal advisers via CE Filing.
10. That the Claimant 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.