OXS -v- Epsom & St Helier NHS Trust (anonymity order published under CPR 39.2(5)

Anonymity Order

Claim No:HQ16CO3341

In the High Court of Justice

Queen’s Bench Division

                                                                                                                                                                                    9 July 2019

 

Before:

Judge Allan Gore QC

Between:

OXS (A Child Proceeding by his Mother and Litigation Friend AXS)

-v-

Epsom & St Helier University Hospitals NHS Trust

 

Anonymity Order

BEFORE His Honour Judge Allan Gore QC sitting as a Judge of the High Court in the Royal Courts of Justice on 9th July 2019.

UPON HEARING Simon Taylor one of Her Majesty’s Counsel for the Claimant and Margaret Bowron one of Her Majesty’s Counsel for the Defendant.

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 Il of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

AND UPON IT BEING RECORDED THAT NO REPRESENTIONS WERE MADE BY A MEMBER OF THE PRESS 

IT IS ORDERED that 

  1. There shall be no publication of the Claimant’s name and address, the Litigation Friend’s name and address, or any information which may tend to identify the Claimant or the Litigation Friend.
  2. Save that each party is entitled to keep one un-anonymised copy of the final Order 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 OXS. Likewise, the Litigation Friend shall be referred to as AXS.
  3. A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master of the High Court, Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant.
  4. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there have been redacted any information which might identify the Claimant or the Litigation Friend.
  5. Permission to apply to vary or set aside this order upon 7 days’ written notice to the parties.

Dated 9th July 2019