RXH, KXP -v- Cleveland Police & others (anonymity order published under CPR 39.2(5)

Anonymity Order

Claim No. QB-2019-003055

In the High Court of Justice
Queen’s Bench Division

29 August 2019

Before:

Master Eastman

Between:

RXH

-and-

RXH

-v-

The Chief Constable of Cleveland Police

-and-

Middlesbrough Council

-and-

South Tees Hospital NHS Foundation Trust

-and-

Recovery Connections

 

ORDER 

UPON reading the Claimants’ application and the witness statement dated 27 August 2019

AND it appearing to the Court:

  1. That this action is one likely to attract publicity;
  2. That any publicity revealing the identity of the Claimants is likely to unfairly damage the interests of the Claimants;
  3. That accordingly publication of details revealing the Claimants’ identities ought to be prohibited;

AND pursuant to the Contempt of Court Act 1981, s. 11, the Civil Procedure Rules 1998, Rules 5.4 and 39.2, and the inherent jurisdiction of the Court

IT IS ORDERED:

(i) There be substituted for all purposes in this action, in place of reference to the Claimants and the deceased by name, and whether orally or in writing, references to the following:

First Claimant: “KXH”
Second Claimant: “NXH”
Third Claimant: “KXP”
The Deceased: “MXH”
Litigation Friend of the First and Second Claimants: “RXH”

(ii) That, to the extent necessary to protect the Claimants’ identities, any other references whether to persons or to places or otherwise, be adjusted appropriately, with leave to the parties to apply in default of agreement as to the manner of such adjustment;

(iii) That so far as the Claim Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs (i) and (ii) above, the Claimant’s solicitors have leave to file with the Court, copies of such document adjusted so as to comply therewith; such copies are to be treated for all purposes as being in substitution for the relevant originals, and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without the leave of a Judge or Master of the Queen’s Bench Division”;

(iv) That the Claimants have permission to issue the Claim Form showing the Claimants’ addresses as that of their solicitors;

(V) That there be leave to all parties and non-parties to apply;

(vi) The Defendants may apply to set aside or vary this order within seven days of service of the order;

(vii) Costs in the case.

Dated the 27th Day of August 2019