KXT -v- St Aldhelms Pharmacy Ltd t/a Lockwood Pharmacy (anonymity order)

County CourtAnonymity Order

Claim number: L01BS295

In the County Court at Bristol

15 October 2024

Before:

District Judge Wales

Between:

KXT (a protected party acting by JYT his Litigation Friend and Mother)

-v-

St Aldhelms Pharmacy Ltd t/a Lockwood Pharmacy

Order

Before District Judge Wales sitting at the County Court at Bristol, Bristol Civil Justice Centre, 2 Redcliff Street, Bristol, BS1 6GR

UPON hearing Counsel for the Claimant and Counsel for the Defendant

AND UPON

(1) 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
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
(3) The Defendant indicating its neutrality to the making of the Order and there being no representations from the press or any other interested.

AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:

(1) ‘Publication’ includes any speech, writing, broadcast or other communication in whatever form (including internet and social media) which is addressed to the public at large or any section of the public
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings

IT IS ORDERED THAT

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published or disclosed.
  2. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “KXT”. Likewise, the Litigation Friend and Mother shall be referred to as “JYT”.
  3. That the Claimant, his Litigation Friend and his Mother 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 “KXT” and “JYT” respectively.
  4. 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.
  5. So far as the Claim Form, or any judgement or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have 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 original; and the originals are then to be retained by the court in a sealed envelope marked: “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. Pursuant to CPR Rules 5.4C and 5.4D:
    i) a person who is not a party to the proceedings may not obtain a copy of a statement of case, Judgment or Order from the Court records unless the statement of case, Judgment or Order has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant.
    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 inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, Trustee or Deputy. The Court will effect service and 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 is prohibited.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on 13 October 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order”.
  10. 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 “KXT”, the Claimant’s Litigation Friend and Mother as “JYT”.
  11. The costs of obtaining this Order be costs in the case.