Claim No: QB-2022-002308
In the High Court of Justice
Queen’s Bench Division
9 August 2022
HXG (A Child and Protected Party Suing by Her Mother and Litigation Friend, TXG)
Ashford & St Peter’s Hospitals NHS Foundation Trust
UPON READING the Proposed Claimant’s application notice
AND UPON consideration of the Proposed 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 (1) That the action is likely to attract publicity. (2) That publicity revealing the identity of the Proposed Claimant is likely to unfairly damage the interests of the Proposed Claimant. (3) That, accordingly, publication of details revealing the Proposed Claimant’s identity ought to be prohibited.
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 s.39 of the Children and Young Persons Act 1933
IT IS ORDERED that
1. The identity of the Proposed Claimant and of the Litigation Friend is not to be disclosed.
2. The Proposed 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 “HXG” and “TXG”.
3. The Proposed Claimant has permission to issue the Claim Form giving the address of her solicitors in place of her residential address. A copy of the Claim Form with the Claimant’s full name and address is to be marked on the electronic court file: ‘not to be disclosed without the permission of a Judge or Master of the Queen’s Bench Division.’
4. The address of the Proposed 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.
5. In so far as necessary, any statement of case or other document disclosing the Proposed 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.
6. The original of any such document disclosing the name or address of the Proposed Claimant or of the Litigation Friend is to be marked on the electronic court file: ‘not to be disclosed without the permission of a Judge or Master of the Queen’s Bench Division.’
7. Any person not a party to the action seeking a copy of any document pursuant to Part 5.4A-D of the Civil Procedure Rules or otherwise must apply for leave to do so on notice to all parties. Any application for such permission must be served by the Court.
8. If an order is made permitting such a person to obtain a copy, no such copy may be provided unless it has been adjusted or edited so as to comply with this order, and for the avoidance of doubt such adjustment or editing may be made by those acting on behalf of the Proposed Claimant, and may include, so far as is necessary, adjustment to references to persons, places or other material within the body of the documents necessary to protect the identity of the Proposed Claimant.
9. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Proposed Claimant or Litigation Friend. The publication of the name and address of the Proposed Claimant or of any member of the Proposed Claimant’s immediate family or the name and address of the Litigation Friend is prohibited save that, for the avoidance of doubt, information about the Claimant may be communicated for the purposes of her diagnosis, care, treatment and fundraising.
10. This Order does not apply to communications and documents held by and passing between the Defendant and the Defendant’s legal representative.
11. The Claimant do by 28 days of the date of this Order, draw and file this Order and serve the same on the Defendant.
12. The Defendant may apply under rule 23.10 to have this Order set aside or varied.
13. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
14. Costs in the case.