AAB -v- Ashford & St Peter’s Hospitals NHS Foundation Trust (anonymity order)
Claim No: QB-2015-006318
In the High Court of Justice
Queen’s Bench Division
Date: 26 July 2022
Before:
John Kimbell QC sitting as a Deputy High Court Judge
Between:
AAB (a child proceeding by his Litigation Friend and mother AAD)
-v-
Ashford & St Peter’s Hospitals NHS Foundation Trust
BEFORE Mr John Kimbell QC sitting as a Deputy High Court Judge in the Royal Courts of Justice, Strand on 27th June 2022.
UPON hearing Mr Richard Cartwright Counsel for the Claimant and Mr David Evans one of Her Majesty’s Counsel for the Defendant
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
WHEREAS pursuant to CPR Rule 5.4A to 5.4D and CPR Rule 39.2, the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED that: –
1. 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 AAB and his Litigation friend to AAD.
2. 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).
3. 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 1 of this Order and there has been redacted any information which might identify the Claimant or his Litigation Friend.
4. 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.
5. 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 AAB and his litigation friend as AAD.
6. Representatives of the media shall have liberty to apply to set aside or vary paragraphs 1, 2, 3 and 4 above provided that: –
a) 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; and
b) written notice of such application shall be given to the Claimant’s solicitors.
7. Provided that the parties and/or their advisors and/or any Trustee 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 this clinical negligence claim and paragraph 1 shall not apply in those respects.
8. The Claimant do within 14 days of the date of this Order draw and file this Order and serve the same on the Defendant.
11. Costs in the case