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JXY and BXY -v- Surrey and Sussex Healthcare NHS Trust (anonymity order published under CPR 39.2(5)

CLAIM NO: QB-2015-006700

In the High Court of Justice
Queen’s Bench Division

7 October 2019

Before:

Master Yoxall

Between:

JXY and BXY

-v-

Surrey and Sussex Healthcare NHS Trust

 


ORDER

UPON an application notice by the Claimants dated 14 June 2019

AND UPON consideration of the Claimants’ 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 Claimants is necessary in order to protect the interests of the Claimants and their children.

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.

IT IS ORDERED:

1. That the identity of the Claimants and their children be not disclosed

2. That the Claimants and their children 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 the following:

The 1st Claimant as “JXY”
The 2nd Claimant as “BXY”
The child as “HXY”
The child as “CXY”

3. That the address of the Claimants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.

4. 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 Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.

5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants and/or their children. The publication of the name and address of the Claimants or of any member of the Claimants’ immediate family or the name and address of their children is prohibited.

6. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

7. Claimant to serve sealed order.

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