BCD (A Child proceeding by her Mother and Litigation Friend, EFG) -v- HCA INTERNATIONAL LIMITED (anonymity order)

King's Bench DivisionAnonymity Order

CLAIM NUMBER: QB-2021-002862

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 13/01/2022

Before:
MASTER STEVENS

Between:
BCD
(A Child proceeding by her Mother and Litigation Friend, EFG)
-v-
HCA INTERNATIONAL LIMITED

ORDER

UPON the Claimant’s Application

AND UPON hearing Ms Hannah Noyce of Counsel, on behalf of the Claimant and Mr Tom Johnson,
Solicitor on behalf of the Defendant

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries
suffered by her arising out of the Defendant’s negligence and in respect of which proceedings were
commenced by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division

AND WHEREAS the Claimant is a protected party and brings the claim by her mother and Litigation Friend

AND UPON
(1) Consideration of s12 of the Human Rights Act 1998
(2) The court being satisfied that an order for non-disclosure of the identity of the Claimant and litigation
friend is necessary in order to protect the interests of the Claimant and there is no countervailing
public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the Order and there being no
representations from the press or any other interested party.

IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and family life and the
Article 10 right to freedom of expression and/or pursuant to rule 39.2(4) of the Civil Procedure Rules and
the Contempt of Court Act 1981, section 11, Section 6 of the Human Rights Act 1998 ,and rules 5.4C and
5.4D of the Civil Procedure Rules:
1. That reporting restrictions apply as to the disclosing of any information that may lead to the
subsequent identification of the Claimant and of the Litigation Friend. There shall be no publication
or other disclosure of any name, address or information tending to identify either of them.
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 parents, or any details that could lead to the
identification of the Claimant. The Claimant and the Litigation Friend and her mother shall be
referred to as set out at paragraph 3 of this Order and their addresses shall be referred to as set
out at paragraph 4 of this Order.
3. That there be substituted for all purposes in this action and in any report of these proceedings, or
other publication (by whatever medium) in relation thereto,
(a) in place of reference to the Claimant by name, and whether orally or in writing, references to
“BCD”.
(b) in place of reference to the Litigation Friend by name, and whether orally or in writing,
references to “EFG”
4. That there be substituted for all purposes in this action in place of reference to the address of the
Claimant and of her Litigation Friend, and whether orally or in writing, references to “c/o Fieldfisher
LLP”.
5. Pursuant to CPR Rules 5.4C and 5.4D:
(a) A person who is not a party to the proceedings may not inspect or obtain a copy of any
document from the court file (other than this Order duly anonymised as directed)
without the permission of a Judge or Master of the Queen’s Bench Division.
(b) If a person who is not a party to the proceedings applies (pursuant to CPR r.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
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case
on 13th January 2022 and any application by a non-party to inspect or obtain a copy document
from this file must be dealt with in accordance with the terms of that Order.”
7. 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 of the intention to make such an application is
given
8. 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.