JXP -v- University Hospitals of Leicester NHS Trust (anonymity order)
Claim No.: QB-2022-001379
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 19/08/2022
Before:
Master Thornett
Sitting As Vacation Master
BETWEEN:
JXP
-v-
University Hospitals of Leicester NHS Trust
ORDER
UPON READING an application notice by the Claimant dated 19 August 2022
AND UPON Consideration of the Article 8 rights of the Claimant to respect for
private and family life, and the Article 10 right to freedom of expression, and
Section 12 of the Human Rights Act 1998.
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 there is no
sufficient countervailing public interest in disclosure.
AND PURSUANT to Rule 39.2 (4) of the Civil Procedure Rules and section II
of the Contempt of Court Act 1981; Rules 5.4C, 5.4D of the Civil Procedure
Rules; Section 6 of the Human Rights Act 1998.
IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is confidential
and shall not be published.
2. That the Claimant 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 “JXP”.
3. That the address of the Claimant 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 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 of any such document disclosing
the name or address of the Claimant is to be placed on the Court file in a
sealed envelope and/or HMCTS e-filing service system marked “not to
be opened without the permission of a Judge, Master or District Judge of
the Queen’s Bench Division”.
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 District 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 marked
“Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information
that may lead to the subsequent identification of the Claimant. 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 is
prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised
party 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 party 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 party or any
such financial institution in relation to such money.
9. That the Claimant do draw and file this Order and serve the same on the
Defendant within 7 days of the date of this Order.
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.
13. A copy of this order shall be published on the Judicial Website of the
High Court of Justice specifying that the Claimant shall be referred to as
JXP.
14. Costs in the case.