LXE -v- Leeds Teaching Hospitals NHS Trust & Ors (anonymity order)
Claim No: QB-2021-001677
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 05/05/2022
Before:
Master Cook
Between:
LXE
(a Child And Protected Party, By His Mother
And Litigation Friend, EGE)
-v-
(1) Leeds Teaching Hospitals NHS Trust,
(2) Harrogate and District NHS Foundation Trust
ORDER
MASTER COOK, sitting at the Royal Courts of Justice, read the Written Advice from
Counsel for the Claimant (Mr Neil Sheldon of Queen’s Counsel) correspondence
between the solicitor for the Claimant and the solicitor for the Defendants and made the
following Order.
AND UPON consideration of the Claimant’s Article 8 right to respect of 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 Claimant is
necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court Act
1981, and rules 5.4C and 5.4D of the CPR
IT IS ORDERED:
1. That the identity of the Claimant and the Litigation Friend not be disclosed.
2. That the Claimant and the Litigation Friend 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 “LXE” (Claimant) and “EGE” (Litigation Friend) respectively.
3. That the address of the Claimant and of the Litigation Friend 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 is necessary, any statement of case or other document disclosing
the Claimant’s name or address or the name and address of the Litigation Friend
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 disclosing the name or address of the
Claimant or of the Litigation Friend is to be placed on the Court file and marked
“confidential: not to be opened without the permission of a Master or High Court
Judge”.
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 or Litigation Friend. 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 of the Litigation Friend is
prohibited. No report of anything said at the Approval hearing pursuant to CPR
rule 21.10 shall be a breach of this Order.
8. That nothing in this order shall prevent the Claimant, his litigation friend, or the
parties’ legal advisers from making such disclosure to medical or financial
specialists as may be required.
9. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised
party or Litigation Friend 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;
b. to communications between the Court Funds Office and/or the anonymised
party or Litigation Friend and any financial institution concerned as to the
receipt or investment of such money; or to records kept by the Court Funds
Office or the anonymised party or Litigation Friend or any such financial
institution in relation to such money
10. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.