CLAIM No. QB-2018-000037
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
1 February 2021
ABC (A Protected Party by her Husband and Litigation Friend DEF)
Dr. CHENG TAN
BEFORE GERAINT WEBB QC (sitting as a Deputy Judge of the High Court) on 1 February 2021
UPON hearing Mr. Ranald Davidson, Counsel for the Claimant and Mr. Nicholas Peacock, Counsel for the Defendant by MS Teams
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 that non -disclosure of the identity of the Claimant and her Litigation Friend is necessary in order to protect the interests of the 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 The identity of the Claimant and her Litigation Friend in these proceedings is protected and shall not be published.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 Claimant, or the Claimant’s Litigation Friend, or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend 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 Claimant shall be referred to as ABC.
(2) the Litigation Friend shall be referred to as DEF.
(3) any other details liable to lead to the identification of the 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 Claimant’s Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 1 February 2021 and any application by a non party to inspect or obtain any copy document from this file must be dealt with in accordance with the terms of that Order”.
6. 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 Claimant’s Solicitor or Deputy, and that 7 days’ prior notice on the intention to make such an application is given.
7. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or the Litigation Friend 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 partes correspondence and internal documentation which identifies the Claimant and the Litigation Friend for the purposes of this action and paragraphs 1 to 3 above shall not apply in those respects.
8. Nothing in this order shall prevent the Defendant’s solicitors from liaising with the Defendant’s defence organisation, the Compensation Recovery Unit or any other person or body for the purpose of the conduct of this litigation or complying with any order of the Court.
9. Costs in the case.