KXD -v- University Hospitals of Leicester NHS Trust (anonymity order)
Claim No. C95YM330
In the Leicester County Court
3 July 2020
Before:
HHJ Hedley
Between
(1) KXD (Sister and Personal Representative of the Estate of ZXC (Deceased))
(2) NXC (Widower and Personal Representative of the Estate of Mrs ZXC (Deceased))
(3) RXC (A dependent child of the Deceased and now an adult)
(4)RHX (A dependent child of the Deceased and now an adult)
(5) OXC (A dependent child of the Deceased and now an adult) Child of the Deceased)
(6) AXC (A dependent child of the deceased and a protected party By his Father and Litigation Friend, NXC)
(7) SXC (A dependent child of the Deceased and now an adult)
(8) CXC (A dependent child of the Deceased by his Father and Litigation Friend, NXC)
(9) ANXC (A dependent child of the Deceased by her Father and Litigation Friend, NXC)
-v-
University Hospitals of Leicester NHS Trust
UPON HEARING Mr Jonathan Jones, one of Her Majesty’s Counsel for the Claimants and Ms Fiona Neale, Counsel for the Defendant
AND UPON:
(1) Consideration of the Claimants’ Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is necessary in order to protect the interests of the Claimants.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 11 Contempt of Court Act 1981; and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED THAT:
1. The identity of the Claimants in these proceedings are protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimants or any details that could lead to the identification of the Claimant. The Claimants and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
3. In any report of these proceedings or other publication (by whatever medium) in relation thereto:
(1) The First Claimant shall be referred to as “KXD”
(2) The Second Claimant and Litigation Friend of the, Sixth,, Eighth and Ninth Claimants shall be referred to as “NXD”
(3) The Third Claimant shall be referred to as “RXC”
(4) The Fourth Claimant shall be referred to as “RHXC”
(5) The Fifth Claimant shall be referred to as “OXC”
(6) The Sixth Claimant shall be referred to as “AXC”
(7) The Seventh Claimant shall be referred to as “SXC”
(8) The Eighth Claimant shall be referred to as “CXC”
(9) The Ninth Claimant shall be referred to as “ANXC”
(10) The mother of the Deceased shall be referred to as “MXD”
(11) Any other details liable to lead to the identification of the Claimants (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rule 5.4C:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraph 3 above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimants’ Solicitor or Deputy.
5. The file is to be retained by the Court and marked “Private”.
6. Reporting restrictions do apply to any newspaper or other media source as to the disclosing of any information that may lead to the subsequent identification of the Claimants or the Sixth, Eighth and Ninth Claimants’ Litigation Friend in relation to this action. The publication of the name, address, picture or information concerning any of the Claimants or of any member of the Claimants’ immediate family and/or the Sixth, Eighth and Ninth Claimants’ Litigation Friend or their immediate family in relation to any matter relating to this action is prohibited.
7. The provisions of this Order shall not apply to:
(i) Communications with the Court Funds Office by or on behalf of the Eighth and/or Ninth Claimant and/or their Litigation Friend;
(ii) Communications with any financial institution concerned with investments for any of the Claimants and/or the Sixth, Eighth and Ninth Claimants’ Litigation Friend;
(iii) Records kept by the Court Funds Office or any financial institution concerned with investments on behalf of any of the Claimants and/or the Eighth and Ninth Claimants’ Litigation Friend
8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such Order is made on notice to the Claimant’s Solicitor or the Sixth Claimant’s Deputy and that 7 days’ prior notice of the intention to make such an application is given.