ABC -v- Guys and St Thomas’ Hospitals NHS Foundation Trust (anonymity order published under CPR 39.2(5)
In the High Court of Justice
Queen’s Bench Division
14 August 2019
Before:
Master Yoxall
Between:
ABC (A protected party by her mother and Litigation Friend XYZ)
-v-
Guys and St Thomas’ Hospitals NHS Foundation Trust
ORDER
UPON the Claimant’s application Notice issued on 24th July 2019
AND UPON IT APPEARING the case is likely to attract publicity and that revealing the identity of the Claimant is likely to unfairly damage the interests of the Claimant and that, accordingly, publications of details revealing the Claimant’s identity ought to be prohibited.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
AND UPON any consideration of the Claimant’s Article 8 right to respect for privacy and family life and Article 10 rights.
IT IS 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 ABC. Likewise the Litigation Friend shall be referred to as XYZ.
2. To the extent necessary to protect the Claimant’s identity, and other references, whether to persons or places otherwise, be adjusted appropriately, with permission to the Parties to apply in default to agreement as to the manner of such adjustments.
3. So far as the Claim Form, or any Judgement or Order, or any other document to which anyone might have access pursuant to CPR Rules S.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such documents adjusted so as to comply with this Order. Such copies are to be treated for all purposes as substitutions for the relevant originals. The unedited originals are then to be filed by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
4. A non-party may not obtain any copy statement of case or document from the Court file unless it has been edited (anonymised) in accordance with this direction.
5. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. The publication of the name and address of the Claimant and his or her immediate family and also (if not already covered) the name of his or her litigation friend is prohibited.
6. The Claimant has permission to issue the Claim Form giving the address of his or her solicitors in place of their residential address. A copy of the Claim Form with the Claimant’s full name and address is to be placed on file in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
7. The provisions of this Order shall not apply:
[1] 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;
[2] 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
[3] 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] to Communications with the Court of Protection.
8. Any non-party affected by this Order may apply on notice to set aside or vary this Order.
9. Claimant to serve sealed order.
Dated the 13th August 2019