QXB -v- University Hospitals Plymouth NHS Trust (anonymity order)
Claim number: QB-2020-000410
In the High Court of Justice
Queen’s Bench Division
17 June 2020
Before:
Master Yoxall
Between:
QXB[a child, suing by her mother and litigation friend, RXM]
-v-
University Hospitals Plymouth NHS Trust
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, her parents and any details which
may lead to the identification of the Claimant be not disclosed.
2. That 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, the Claimant be described as “QXB”, the Claimant’s mother
and Litigation Friend be described as “RXM” and the Claimant’s father
be described as “KXB”.
3. That the address of the Claimant and her parents be stated in all
statements of case and other documents to be filed or served in the
proceedings as the address of the Claimants’ 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
the Claimant’s mother or father 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 his parents is to be placed on the Court file in a
sealed envelope marked “not to be opened without the permission of
a Judge or Master 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. 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. 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:-
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.
d. to communications with the Court of Protection.
9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
10. Costs in the assessment of damages.
11. Claimant to serve sealed order.