LXZ -v- East Sussex Healthcare NHS Trust (anonymity order)
Claim No: QB-2021-004512
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/01/2022
Before:
Master Eastman
Between:
LXZ (A CHILD BY HIS MOTHER AND
LITIGATION FRIEND, RXZ)
-v-
East Sussex Healthcare NHS Trust
ORDER
UPON READING an application notice by the Claimant dated 10th November 2021
AND UPON consideration of the Claimant’s Article 8 right to respect for 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 Civil Procedure Rules and section II of the
Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:
1. That the identity of the Claimant and the Litigation Friend be not disclosed.
2. That the Claimant and the Litigation Friend by 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 “LXZ” and “RXZ” respectively.
3. That the address of the Claimant and 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 insofar as is necessary, any statement of case or other document
disclosing the Claimant’s name or address of the name or 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 a court file in a sealed
envelope marked “not to be opened without the permission of a Judge,
Master or District Judge of the Queen’s Bench Division”.
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.
8. The provisions of this Order shall not apply:
8.1 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;
8.2 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
8.3 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.
9. That the Claimant do by 14th February 2022 draw and file this Order and
serve the same on the Defendant.
10. In so far as the Order is made under rule 23.9 without service of a copy of the
application notice on the Defendant, that the Claimant do comply with rule
23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside
or varied.
12. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.