Claim No: QB-2018-001180
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
8 February 2021
MRS JUSTICE YIP
AAA (A Protected Person by her Husband and Litigation Friend ABA)
Barts Health NHS Trust
BEFORE the Honourable Mrs Justice Yip sitting at the Royal Courts of Justice, Strand, London WC2 on 8 February 2021
UPON HEARING Richard Cartwright on behalf of the Claimant and Mr Michael Horne QC, one of Her Majesty’s Counsel, on behalf of the Defendant
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 ORDERED THAT:
- 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 AAA and her Litigation friend to ABA.
- 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).
- 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 2 of this Order and there has been redacted any information which might identify the Claimant or her Litigation Friend.
- 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.
- 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 AAA and his litigation friend as ABA.Representatives of the media shall have liberty to apply to set aside or vary paragraphs 1, 2, 3 and 4 above provided that:-
- 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;
- Written notice of such application shall be given to the Claimant’s solicitors.
- 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that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without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 the main settlement order and paragraph 1 shall not apply in those respects.