YXZ and others -v- Oxford University Hospitals NHS Foundation Trust (anonymity order)
Claim No.: QB-2021-001472
In the High Court of Justice
Queen’s Bench Division
21 April 2021
Before:
Master Cook
Between:
YXZ
TXZ (a child by his mother and litigation friend YXZ)
-v-
Oxford University Hospitals NHS Foundation Trust
ORDER
UPON an application by the First and Second Claimants dated 19 April 2021
AND UPON consideration of the Claimants’ Article 8 rights 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 Claimants is necessary in order to protect the interests of the Claimants
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and Articles 6 and 8 of the European Convention on Human Rights.
IT IS ORDERED that
1. That the identity of the First and Second Claimants and the Second Claimant’s Litigation Friend not be disclosed.
2. That the First and Second Claimants and the Second Claimant’s 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 the following:
a. First Claimant as “YXZ”
b. Second Claimant as “TXZ”
c. Second Claimant’s Litigation Friend as “YXZ”
3. That the address of the First and Second Claimants and the Second Claimant’s 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 Claimants’ solicitors.
4. That the original of any such document disclosing the name or address of the Claimants or of the Second Claimant’s 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, Master or District Judge of the Queen’s Bench Division”.
5. That 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 or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or the Second Claimant’s litigation friend. The publication of the names and addresses of the Claimants or of any member of the Claimants’ immediate family or the name and address of the Second Claimant’s litigation friend is prohibited.
7. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the 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;
b. 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
c. 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.
8. 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.
9. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.