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ABA -v- Countess of Chester Hospital NHS Foundation Trust (anonymity order published under CPR 39.2(5)

Claim No: HQ17C01962

In the High Court of Justice
Queen’s Bench Division

4 July 2019

Before:

His Honour Judge Gore QC

Between:

ABA
(A child proceeding by their Litigation Friend CDC)

-v-

Countess of Chester Hospital NHS Foundation Trust

 


ANONYMITY ORDER

BEFORE His Honour Judge Gore QC sitting as a Deputy Judge of the High Court at the Royal Courts of Justice, The Strand, London on Thursday 4 July 2019

UPON HEARING Elizabeth-Anne Gumbel one of Her Majesty’s Counsel, on behalf of the Claimant and Rachel Marcus of Counsel, on behalf of the Defendant

WHEREAS the Claimant has made a claim (the “Claim“) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on or about the 13 August 2001 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division and served upon the Defendant on 6 June 2017.

AND WHEREAS the Claimant is a Child and brings the Claim by his Mother and Litigation Friend, CDC.

UPON the Claimant’s application

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression

AND UPON IT APPEARING the case is likely to attract publicity and that revealing the identity of the Claimant and his mother is likely to unfairly damage the interests of the Claimant and his mother and that, accordingly, publication of details revealing the identities of the Claimant or his mother ought to be prohibited

AND PURSUANT to 511 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the Court

IT IS ORDERED (not by consent) 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 ABA. Likewise, the Claimant’s mother shall be referred to as CDC.

The identity of the Claimant or his mother must not be disclosed other than to the parties’ legal advisors and experts.

A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimant (the court will effect service).

A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.

Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or his mother.

Any non-party affected by this order may apply on notice to set aside or vary this order.

Dated this 4 day of July 2019

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