OXZ (A Child By Her Father And Litigation Friend IXZ ) -v- University Hospitals Of Leicester NHS Trust (anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2021-004238

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 25/11/2021

Master Sullivan
BETWEEN

OXZ (A CHILD BY HER FATHER AND
LITIGATION FRIEND IXZ )
-v-
UNIVERSITY HOSPITALS OF LEICESTER NHS
TRUST

ORDER

UPON an application by the Claimant

AND UPON consideration of the Claimants’ 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, her mother and her
Litigation Friend.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of
the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure
Rules.

IT IS ORDERED that
1. That the identity of the Claimant, her mother and her Litigation Friend not be
disclosed.
2. That the Claimant, her mother and her 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 the following:
a. The Claimant as “OXZ”
b. The Claimant’s Father as “IXZ”
c. The Claimant’s Mother as “MXZ”
3. That the address of the Claimant, her mother and her 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 necessary, any statement of case or other document
disclosing the Claimant’s name or address or the name or address of her
mother or 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, her mother or of the Litigation Friend is to be placed on the Court
file marked “confidential: 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, her mother 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:-
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
c. 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 comply with rule 23.9(2) by service on the Defendant.
10. That the Defendant may apply under rule 23.10 to have this Order set aside
or varied.
11. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied
12. 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 “OXZ”, the
Claimant’s Litigation Friend as “IXZ” and the Claimant’s mother as “MXZ”.