Claim No: QB-2021-003082
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
(1) ABC (on behalf of the Estate of the late MR DEF
and on her own behalf),
(2) GHI (by her mother and Litigation Friend, ABC)
Kingston Hospital NHS Foundation Trust
BEFORE Master Cook sitting in the High Court, Queen’s Bench Division, on Friday
11 March 2022.
UPON hearing Mr Ranald Davidson, Counsel on behalf of the Claimants, and
Siobhan Davies, Solicitor, on behalf of the Defendant by MS Teams
AND UPON consideration of the Second 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 that non -disclosure of the identity of the Second
Claimant, her Litigation Friend and the Deceased is necessary in order to protect the
interests of the Second Claimant
AND UPON the Defendant indicating its neutrality to making of the order and there
being no representations from the press or any other interested party
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and Rule 5.4A to
5.4D and Rule 39.2(4) of the Civil Procedure Rules
IT IS HEREBY ORDERED that:
1. the identity of the Second Claimant, her Litigation Friend and the Deceased in
these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of
these proceedings the name or address of the Second Claimant, or the
Second Claimant’s Litigation Friend, or the Deceased or any details that could
lead to the identification of the Second Claimant. The Second Claimant, her
Litigation Friend and the Deceased shall be referred to as set out in
paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by
whatever medium) in relation thereto:
(1) the First Claimant / the Second Claimant’s Litigation Friend shall be
referred to as ABC.
(2) the Deceased shall be referred to as DEF
(3) the Second Claimant shall be referred to as DEF.
(4) any other details liable to lead to the identification of the Second
Claimant (including any names of other family members or addresses)
shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(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 sub-paragraphs 3(1) to (3) above.
(2) if a person who is not a party to the proceedings applies (pursuant to
CPR Rules 5.4C(1B) or (2) for permission to inspect or obtain a copy
of any other document or communication, such application shall be on
at least 7 days’ notice to the Claimants’ Solicitor.
5. Any interested party, whether or not a party to the proceedings, may apply to
the Court to vary or discharge this Order, providing that any such application
is made on notice to the Claimants’ Solicitor or Deputy, and that 7 days’ prior
notice on the intention to make such an application is given.
6. Provided that the parties and/or their advisers do not publish any documents
containing references to the Second Claimant or her Litigation Friend or the
Deceased by name the parties and/or their advisers be at liberty to retain their
files in this case without alteration or substitution and to retain and generate
inter parties correspondence and internal documentation which identifies the
Second Claimant and the Litigation Friend for the purposes of this action and
paragraphs 1 to 3 above shall not apply in those respects.
7. Costs in the case.