AXH -v- Dr Mei Mei Till and other (anonymity order)
Claim Number: QB-2017-00569
In the High Court of Justice
King’s Bench Division
1 December 2023
Before:
HHJ Roberts
Between:
AXH (A CHILD SUING BY HIS MOTHER AND LITIGATION FRIEND KXG)
-v-
DR MEI MEI TILL
and
DR AMI SHIRODANIA
Order
BEFORE HIS HONOUR JUDGE RICHARDS ROBERTS Sitting as a Judge of The High Court in The Royal Courts Of Justice, The Strand London WC2A 2LL on 1 December 2023
UPON hearing Leading Counsel for the Claimant, Elizabeth-Ann Gumbel KC and Leading Counsel for the Defendants, Neil Davy KC
UPON the Claimant’s Application Notice issued on 23 November 2023
AND UPON consideration of section 12 of the Human Rights Act 1998
AND UPON the Court being satisfied that an order for non-disclosure of the identity of the Claimant and his Litigation Friend is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression and/or pursuant to CPR Rule 93.2(4) and to s11 Contempt of Court Act 1987, Section 6 of the Human Rights Act 1998 and CPR rules 5.4A to 5.4D and the inherent jurisdiction of the court as follows: –
1 That there be substituted for all purposes of this case, and in any report of the proceedings by the press or otherwise, in place of references to the Claimant and his Litigation Friend, and whether orally or in writing, references to the letters “AXH” and “KXG”.
2 That there be substituted for all purposes in this action in place of reference to the Claimant or Litigation Friend’s address, and whether orally or in writing, references to “c/o Bolt Burdon Kemp”
3 The Claimant has permission to issue the claim form giving the address of his solicitors in place of his residential address. A copy of the Claim Form with the Claimant’s full name and address is to be placed on file and/or HMCTS e-filing system noted: “not to be opened or accessed without the permission of a Judge or Master of the King’s Bench Division”.
4 Insofar as is necessary, any statement of case or other document already filed in the proceedings, disclosing the name or address of the Claimant or Litigation Friend is to be replaced by a document describing such name/address in anonymised form above.
5 The original of any such document disclosing the name or address of the Claimant or Litigation Friend is to be placed in the court file and/or HMCTS e-filing service system and noted that they should “not be opened or accessed without the permission of a Judge or Master of the King’s Bench Division”.
6 To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
7 So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court and/or HMCTS e-filing service system and noted that they should: “not be opened or accessed without the permission of a Judge or Master of the King’s Bench Division”.
8 A non-party may not obtain or inspect any copy statement of case or other document from the Court file (other than this Order duly anonymised) as directed without the permission of a Judge or Master of the King’s Bench Division; any application for such permission must be made on notice to the Claimant and the Court file shall be clearly marked with the words “an anonymity order was made in this case on [date of order] and any application by a non-party to inspect or obtain a copy of a document from this file must be dealt with in accordance with the terms of that Order”.
9 Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. There shall be no publication or other disclosure of any name, address or information tending to identify the Claimant and Litigation Friend.
10 Any party affected by this order may apply on notice without restriction of time for an order varying or setting aside this order.
11 Costs in the case.