JXG -v-Royal Berkshire NHS Foundation Trust (anonymity)
Claim No.: QB-2020-003119
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
5 October 2020
JXG (A Child By His Mother And Litigation Friend, CXG)
Royal Berkshire NHS Foundation Trust
UPON the Claimant’s Application Notice dated 4 September 2020.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimant and his Litigation Friend is likely unfairly to damage the interests of the Claimant and that, accordingly, non-disclosure of the identity of the Claimant and Litigation Friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED that
1 The identity of the Claimant ad of the Litigation Friend be not disclosed.
2 There be substituted for all purposes of this case, in place of references to the Claimant and his Litigation Friend, and whether orally or in writing, references to the letters “JXG” and “CXG” respectively.
3 To the extent necessary to protect the Claimant’s and his Litigation Friend’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
4 So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained on the court file marked: “Confidential: not to be opened or accessed without the permission of a Judge or Master of the Queen’s Bench Division”.
5 A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
6 Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties.
7 The Claimant has permission to issue the claim form giving the address of his solicitors in place of his residential address. A copy of the Claim Form with the Claimant’s full name and address is to be placed on the court file marked : “Confidential: not to be opened or accessed without the permission of a Judge or Master of the Queen’s Bench Division”.
8 Any party affected by this order may apply on notice without restriction of time for an order varying or setting aside this order.
9 Costs in the case.
10 A copy of this Order shall be published on the website of the Judiciary of England and Wales, and that in the published copy of this Order the Claimant and the Litigation Friend shall be described as “JXG” and “CXG” respectively.