RXSD (A Child By His Litigation Friend RXS) -v- Bedfordshire Hospitals NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2021-000093
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
(A Child By His Litigation Friend RXS)
Bedfordshire Hospitals NHS Foundation Trust
UPON HEARING Counsel for the Claimant, Richard Grimshaw, and the solicitor for
the Defendant and made the following Order:
(i) Consideration of the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression.
(ii) It appearing that non-disclosure of the identity of the Claimant is necessary
in order to protect the interests of the Claimant.
(iii) The Defendant indicating its neutrality to the making of the anonymity order.
AND pursuant to section 11 of the Contempt of Court Act 1981 and CPR 5.4A to 5.4D
and CPR 39.2(4) and the inherent jurisdiction of the Court
IT IS ORDERED that:
1. The identity of the Claimant and Litigation Friend in these proceedings is protected
and shall not be published. For this purpose:
a) ‘publication’ includes any speech, writing, broadcast, or other communication
in whatever form, which is addressed to the public at large or any section of
b) publication of any name, address, picture, or other information that could lead
to identification of the Claimant or his parents in these proceedings is
2. In all statements of case and other documents to be filed or served in the
proceedings and in any judgment or report of these proceedings, or other
publication (by whatever medium) in relation thereto:
a) The Claimant shall be referred to as “RXSD”.
b) The Litigation Friend shall be referred to as “RXS”.
c) Any other details liable to lead to the identification of the Claimant (including
any names of other family members or addresses) shall be redacted before
d) The address of the Claimant and of the Litigation Friend shall be stated as the
address of the Claimant’s solicitors.
3. So far as the Claim Form, or any judgment or order, or any other document to
which anyone might have access pursuant to CPR Rule 5.4A-D at any time does
not comply with the above, the Claimant’s solicitor has leave to file with the Court
copies of such document adjusted so as to comply therein. 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 permission of a Judge, Master or District Judge of the
Queen’s Bench Division”.
4. 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 Judge, Master or District Judge of the Queen’s Bench Division. 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”.
5. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant, the Litigation friend, or the
Claimant’s family. 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.
6. For the avoidance of doubt, the provisions of this Order shall not apply to the
following, which do not constitute publication within the meaning of paragraph 2
(providing always that proper steps are taken to protect the confidentiality of
information from being made public):
a) Communications between the Court Funds Office and the Claimant, Litigation
Friend or Deputy in relation to the payment of money into the Court Funds
Office for the benefit of the Claimant or the investment or treatment of
payment out of such money.
b) Communications between the Court Funds Office, the Claimant’s
representatives and/or the Claimant or Litigation Friend and any financial
institution concerned as to the receipt or investment of such money.
c) Records kept by the Court Funds Office, the Claimant’s representatives, the
Claimant or Litigation Friend or any such financial institution in relation to such
7. Any party affected by this order may apply on notice without restriction of time for
an order varying or setting aside this order.
8. A copy of this Order shall be published on the Judicial Website of the High Court
9. Costs in the case.