LXP-v- Gloucestershire Hospitals NHS Foundation Trust (anonymity order)
Case No QB-2017-003890
In the High Court of Justice
Queen’s Bench Division
1 May 2020
Before:
Master Yoxall
Between:
LXP
(a child by her father and Litigation Friend,
MYP)
-and-
Gloucestershire Hospitals NHS Foundation Trust
UPON the Claimant’s application
AND UPON hearing (by telephone) solicitor for the Claimant and solicitor for the Defendant
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1. That the identity of the Claimant be not 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 “LXP”. Likewise, the Litigation Friend shall be referred to as “MYP” and the claimant’s mother as JZP.
3. That the Claimant and his parents 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 “LXP”, “MYP” and JZP 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 judgment 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 or Master of the Queen’s Bench Division”.
6. A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant. Any application for such permission (i.e. to
inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) 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. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
8. The provisions of this Order shall not apply:-
8.1. to communications between the Court Funds Office and the anonymised party, his Deputy 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;
8.2. to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
8.3. to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied. The court will effect service.
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 “LXP” and the Litigation Friend as “MYP”.
11.Costs in the assessment.
12. Claimant to serve sealed order.