ABC -v- DEF and East Kent Hospitals University NHS Foundation Trust (anonymity order)
CLAIM NO: QB-2015-005576
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
23 April 2021
(2) East Kent Hospitals University NHS Foundation Trust
On the Claimants’ application dated 23 April 2021
IT IS HEREBY ORDERED that:-
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimants and their children and there is no sufficient countervailing public interest in disclosure.
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 that:
(1) The identity of the First and Second Claimants and their children not be disclosed.
(2) There be substituted for all purposes of this case, in place of references, whether orally or in writing, to the First Claimant, Second Claimant, and their daughters GHI and JKL, references to “ABC”, “DEF”, “GHI”, and “JKL” respectively.
(3) That the First Claimant, Second Claimant, and their daughters GHI and JKL be described in all statements of case and other documents to be filed hereafter or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “ABC”, “DEF”, GHI”, and “JKL” respectively.
(4) A non-party may not, without the permission of a Master or District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimants or their children. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimants and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
(5) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants, or their daughters GHI and JKL. The publication of the name and address of the First and Second Claimants and of their daughters GHI and JKL is prohibited.
(6) Provided that the parties and/or their advisors and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 2 above by name, the parties are at liberty to retain their files in this case without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.
(7) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(8) A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the First Claimant shall be referred to as “ABC” and the Second Claimant as “DEF”.
(9) The Claimants do pay the costs of this application.