A -v- Khan (anonymity)

Anonymity Order

  Claim No QB-2013-008221

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
IN THE PIP BREAST IMPLANT SURGEON LITIGATION

30 NOVEMBER 2020

BEFORE:
THE HON. MRS JUSTICE MAY DBE

BETWEEN:
A, B, C, D & OTHERS
-v-
SAIFUDDIN KHAN, SHIVA SINGH, APOSTOLOS GAITANIS

UPON HEARING Marcus Pilgerstorfer QC leading Louise Price, Counsel for the Claimants; Rayda Lee Nichols, Solicitor for the Defendants; and Brian Farmer of the Press Association;
AND UPON:

  • Consideration of the Claimants’ Article 8 ECHR rights to respect for private and family life, and the Article 10 ECHR right to freedom of expression.

 

  • It appearing that non-disclosure of the identity of the Claimants and the named persons in the expert evidence is necessary in order to protect the interests of those persons.

 

  • The Defendants indicating their neutrality to the making of the order and there being no representations in opposition to the making of this Order from the press or any other interested party.

AND PURSUANT to section 11 Contempt of Court Act 1981; and CPR Rule 5.4C and 5.4D and CPR Rule 39.2(4)
IT IS ORDERED THAT:

  1. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceeding the name, address, any details that could lead to identification, or any photographic evidence (“the Protected Information”) of: (i) any of the Claimants; or (ii) any of the women who feature in the expert evidence (“the Protected Persons”). The sample Claimants shall be referred to as set out at paragraph 2 of this Order.

 

  1. Pursuant to CPR 5.4C, 5.4D, and 39.2(4), in any report of these proceedings or other publication (by whatever medium) in relation thereto:

 

  1. The sample Claimants shall be referred to as “A”, “B”, “C” and “D”.
  2. The Protected Information of the Protected Persons shall be redacted before publication.

 

  1. Pursuant to CPR Rule 5.4C:

 

  1. A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraph 2 above.
  2. If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Lead Solicitor for the Claimants.

 

  1. Provided that the parties and/or their advisers do not publish any documents containing references to the Protected Persons 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 the Protected Persons for the purposes of their continuing rights and obligations in relation to dealing with these claims and paragraphs 1 and 2 shall not apply in those respects.

 

  1. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such Order is made on notice to the Lead Solicitor for the Claimants and that 7 days’ prior notice of the intention to make such an application is given.