SXL -v- Alder Hey Children’s NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: J04LV004
In the County Court at Liverpool
District Judge Jenkinson
SXL (BY HER MOTHER AND LITIGATION FRIEND TXL)
ALDER HEY CHILDREN’S NHS FOUNDATION TRUST
Before District Judge Jenkinson sitting at the County Court at Liverpool, Liverpool, Civil And Family Courts,
35 Vernon Street, Liverpool, L2 2BX.
UPON considering the Claimant’s Application Notice dated 19th May 2022
AND UPON reading the draft Order submitted by the Claimant
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 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. The identity of the Claimant, the Litigation Friend may not disclosed.
2. The Claimant and the litigation friend shall be described in all statements of case 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 “SXL” for the Claimant and “TXL” for the Litigation Friend.
3. The address of the Claimant and the litigation friend shall be stated in all statements of case to be filed or served
in the proceedings as the address of the Claimant’s solicitors.
4. In so far as necessary, any statement of case disclosing the Claimant’s name, or address or the name or address
of the litigation friend already filed in the proceedings shall be replaced by a document describing such name
or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant or of the litigation friend is
to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge,
or County Court”
6. 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 or District Judge. Any application for such
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. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification
of the Claimant 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:-
(i) to communications between the Court Funds Office and the an 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;
(ii) 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
(iii) 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. For the avoidance of doubt:
(i) Provided that the parties and/or their advisors do not publish any documents containing references to those
mentioned in paragraph 2 above by name, the parties be at liberty to retain their files in this case without alteration
or substitution and to retain and generate internal documentation which identifies those people for the purposes
of their continuing rights and obligations under the Order in this claim and paragraph 2 shall not apply in those
(ii) Nothing in this Order is intended to prevent the Claimant or her family from discussing this case with their
family of friends, should they wish to do so.
10. The Claimant shall comply with Rule 23.9(2) by service on the Defendant.
11. The Defendant may apply under Rule 23.10 to have this Order set aside or varied.
12. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
13. Costs in the case.
Dated 9 June 2022