TXG -v- St George’s University Hospitals NHS Foundation Trust (anonymity order published under CPR 39.2(5)

Anonymity Order

 Claim No: HQ18C03896

In the High Court of Justice
Queen’s Bench Division

24 June 2019

Before:

Master Yoxall

Between:

TXG (a minor)
(By her Mother and Litigation Friend JXG)

-v-

St George’s University Hospitals NHS Foundation Trust

 

ORDER 

UPON the Claimant’s Application

AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application

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 and s.39 of the Children and Young Persons Act 1933

IT IS ORDERED that 

  1. The identity of the Claimant and of the Litigation Friend is not to be disclosed.
  2. The Claimant and the Litigation Friend be described 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 as “TXG” and “JXG”.
  3. A copy of the Claim Form with the Claimant’s full name and address is to be placed on file in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
  4. The address of the Claimant and of the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  5. 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 Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  6. 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 Master of the Queen’s Bench Division”.
  7. 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.
  8. A non-party may not inspect or obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
  9. 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 First Claimant or of any member of the Claimant’s immediate family is prohibited.
  10. The Claimant do by 21 June 2019 draw and file this Order and serve the same on the Defendant
  11. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated this 24 day of June 2019