LXT and another -v- Sheffield Teaching Hospitals NHS Foundation Trust (anonymity order)
Claim number: KB-2023-001387
In the High Court of Justice
King’s Bench Division
10 February 2025
Before:
The Honourable Mr Justice Ritchie
Between:
LXT (A CHILD BY HER MOTHER AND LITIGATION FRIEND, KXT)
KXT
-v-
Sheffield Teaching Hospitals NHS Foundation Trust
Order
BEFORE the Honourable Mr Justice Ritchie sitting in the Royal Courts of Justice, Strand, London WC2 on 10 February 2025.
WHEREAS the Claimants, a child and her mother, have made a claim against the Defendant for personal injuries suffered by the Claimants as a result of the breach of duty of the Defendant, and in respect of which proceedings were issued against the Defendant in the High Court of Justice, King’s Bench Division, on 20 March 2023 (“the claim”).
WHEREAS the parents of the First Claimant have not sought nor obtained publicity of the claim, and upon a browser search by the Claimants’ solicitor of the Claimants’ names, no publicity of the claim was identified.
UPON reading the confidential advice dated February 2025 from Leading Counsel for the Claimants.
AND UPON hearing Mr Henry Witcomb KC on behalf of the Claimants, and Mr Angus McCullough KC on behalf of the Defendant.
AND UPON
- Consideration of the Article 8 rights of the Claimants to respect for private and family life, and the Article 10 right to freedom of expression.
- It appearing that non-disclosure of the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
- 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 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4), and section 39 of the Children and Young Persons Act 1933.
AND WHEREAS for the purposes of this Order:
- ‘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.
- Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
NOW IT IS ORDERED THAT
1. The identity of the Claimants, each as a party to these proceedings is confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimants or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings. The Claimants shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
i) The First Claimant shall be referred to as LXT
ii) The Second Claimant shall be referred to as KXT
iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. 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 subparagraphs 3 (i) to (iv) above.
ii) If a person who is not a party to the proceedings (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 Claimants’ solicitor, trustee or deputy.
5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 3 March 2025and refiled in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 10 February 2025 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.”
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor, trustee or deputy.
8. The costs of obtaining this order be costs in the case.
NOTE Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk