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ABC, DEF and GHI -v- Ashford and St Peter’s Hospitals NHS Foundation Trust (anonymity order published under CPR 39.2(5)

CLAIM NO: QB-2019-003976

In the High Court of Justice
Queen’s Bench Division

12 February 2020

 

Before:

Master Yoxall

Between:

ABC

(Partner & Administrator of the Estate of and Dependant on JKL, deceased)

DEF

(Daughter & Dependant of JKL, deceased, proceeding by her mother and litigation friend, ABC)

and GHI

(Son & Dependant of JKL, deceased, proceeding by his mother and litigation friend, ABC)

-v-

Ashford and St Peter’s Hospitals NHS Foundation Trust

 


ORDER

UPON an approval hearing
AND UPON HEARING Rachel Marcus of Counsel on behalf of the Claimants and Gemma Wilkinson Solicitor on behalf of the Defendant
AND UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is necessary in order to protect the interests of the Claimants.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED that:

1. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the names or addresses of the Claimants or the deceased or any details leading to the identification of the Claimants or the deceased and the Claimants, if referred to, shall only be referred to as ABC, DEF and GHI, and the deceased shall only be referred to as JKL.
2. Pursuant to CPR rule 5.4C 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 record only if the statement of case, judgment or order has been anonymised such that: (a) the Claimants and the deceased are referred to in those documents only as ABC, DEF, GHI and JKL and (b) the addresses of the Claimants have been deleted from those documents.
3. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
4. Any third party may apply to set aside or vary this order.

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