LSX -v- Cygnet Health Care Limited (anonymity order)
Claim No.: QB-2022-001825
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 15/06/2022
Before:
Master Gidden
BETWEEN:
LSX By her Father and Litigation Friend Ray Smith
-v-
Cygnet Health Care Limited
ORDER
UPON the Claimant’s Application Notice issued on
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 the case is likely to attract publicity and that revealing the
identity of the Claimant is likely to unfairly damage the interest of the Claimant and
that, accordingly, publication of details revealing the Claimant’s identity ought to be
prohibited. Further, that the Claimant is a child.
AND PURSUANT to s.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. 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 the letters LSX.
2. To the extent necessary to protect the Claimant’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.
3. 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 by the Court in a sealed envelope marked: “not to
be opened without the permission of a Judge or Master of the Queen’s Bench
Division”.
4. A non-party may not inspect or obtain the copy of any document from the
court file (other than this order – duly anonymised as directed) without the
permission of a Master. Any application for such permission must be made on
notice to the Claimant (the court will effect service). Such file is to be retained by
the court and marked “PRIVATE”.
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 Claimant. The publication of the name
and address of the Claimant and their immediate family is prohibited.
7. The Claimant has permission to issue the claim form giving the address of
their solicitors in place of their residential addresses. A copy of the claim form with
the Claimant’s full name and address is to be placed on file in a sealed envelope
marked: “not to be opened without the permission of a Judge or Master of the
Queen’s Bench Division”.
8. Any party or non-party affected by this order may apply on notice to set aside
or vary this order.
9. Costs in the case.