TLX -v- Frimley Health NHS Foundation Trust (anonymity order)
Claim No: QB-2021-003624
In the High Court of Justice
Queen’s Bench Division
7 October 2021
Before:
Master McCloud
Between:
TLX (A child proceeding by her Litigation Friend and Mother TLK)
-v-
Frimley Health NHS Foundation Trust
ORDER
UPON THE APPLICATION OF THE CLAIMANT
AND WHEREAS THE COURT is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and her family pursuant to section 11 of the Contempt of Court Act 1981, section s.6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 and that there is no countervailing public interest
IT IS HEREBY ORDERED that: –
1. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing references to the letters TLX and her Litigation friend to TLK.
2. A non-party may not inspect or obtain a copy of any document on the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
3. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with paragraph 1 of this Order and there has been redacted any information which might identify the Claimant or her Litigation Friend.
4. There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant as the claimant in this action.
5. 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 TLX and her litigation friend as TLK.
6. Representatives of the media shall have liberty to apply to set aside or vary paragraphs 1, 2, 3 and 4 above provided that: –
a) any such application shall be made within 14 days of the date of this order and be put in the applications list (with a maximum time estimate of one hour) to be heard within 14 days of such application being made;
b) Written notice of such application shall be given to the Claimant’s solicitors.
7. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those
people for the purposes of their continuing professional rights and obligations under this clinical negligence claim and paragraph 1 shall not apply in those respects.
8. The Claimant do file an amended Certificate of Suitability of Litigation Friend in accordance with paragraph 1 above.
9. The Claimant do within 14 days of the date of this Order draw and file this Order and serve the same on the Defendant.
10. (in so far as the Order is made under rule 23.9 without service of a copy of the application notice on the Defendant). That the Claimant do comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
12. Costs in the case.