XT1 -v- Frimley Health NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-001076

In the High Court of Justice
King’s Bench Division

29 October 2025

Before:

Edmund Burge KC sitting as a Deputy Judge of the High Court

Between:

XT1 (A CHILD PROCEEDING BY HIS MOTHER AND LITIGATION FRIEND XT2)

XT2

-v-

Frimley Health NHS Foundation Trust

Order

BEFORE sitting Edmund Burge KC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice on 29th October 2025

UPON HEARING Lizanne Gumbel of King’s Counsel for the Claimants and John Whitting of King’s Counsel for the Defendant

AND UPON the Claimants’ application notice dated 13 October 2025

UPON CONSIDERING the protective nature of the approval jurisdiction pursuant to r.21.10 of the Civil Procedure Rules 1998

AND UPON CONSIDERING the Article 8 rights of the First Claimant to respect for private and family life and the risk of harm that identification may cause to the First Claimant

AND UPON CONSIDERING the importance of open justice and the Article 10 right to freedom of expression

AND UPON THE COURT CONCLUDING that non-disclosure of the First Claimant’s identity is necessary to secure the proper administration of justice and in order to protect the First Claimant’s interests

AND UPON THE COURT FURTHER CONCLUDING that it is necessary to make a reporting restriction order

IT IS ORDERED that

  1. The names of the First Claimant, Litigation Friend and the Claimant’s parents are to be withheld in the statements of case, and in any judgments and orders in this claim, and for those purposes:
    i) The First Claimant shall be referred to as XT1;
    ii) The Litigation Friend/Second Claimant (and mother) shall be referred to as XT2;
    iii) The First Claimant’s Father shall be referred to as XT3;
  2. No report, whether oral or in writing, or other communication in whatever form (including internet or social media) addressed to the public at large or any section of the public, of or concerning this claim which is published from the date of this order may include:
    a) The names or address of the Claimants;
    b) The names or address of the Litigation Friend or the First Claimant’s parents;
    c) Any particulars likely to lead to the identification of the First Claimant, Litigation Friend or First Claimant’s parents;
    d) Any image or likeness of the First Claimant, or Litigation friend, or First Claimant’s parents.
  3. Any reports or other communications to the public which exist prior to the date of this order are not affected by this order.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 1 and 2 above.
    (ii)  If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimants’ solicitor, unless the court orders otherwise.
  5. The Claimants’ solicitor shall file with the Court copies of any existing statements of case anonymised in accordance with paragraph 1 and 2 above within 28 days from date of this order.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 29 October 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or set aside this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor.
  8. This order shall lapse automatically on the death of the First Claimant and its provisions shall have no effect from that time. 
  9. Pursuant to CPR 39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.