Claim No. QB-2019-000821
High Court of Justice, Queen’s Bench Division
28 October 2021
The Honourable Mr Justice Linden
(a minor who sues by her mother and Litigation Friend, PE)
Lancashire Teaching Hospitals NHS Foundation Trust
UPON HEARING Leading Counsel for the Claimant and Leading Counsel for the Defendant.
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 the case is likely to attract publicity and that revealing the identity of the Claimant is likely unfairly to damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited.
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 as follows:-
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 “BE”. Likewise, the Litigation Friend shall be referred to as “PE”
2. To the extent necessary to protect the Claimant’s identity in the documents on the Court file, any other references in such documents, whether to persons or places or otherwise, be anonymised appropriately, with permission to the parties to apply in default of agreement as to the manner of such anonymisation.
3. 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 anonymised 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 in a sealed envelope marked: “not to be opened without the permission of a Judge or District Judge”.
4. A non-party may not inspect or obtain the copy of any document from the court file (other than this order — duly anonymised as directed) without the permission of a Judge or District Judge. Any application for such permission must be made on notice to the Claimant (the court will effect service).
5. A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
6. No person may publish any material, including a report of these proceedings that is likely to identify (whether directly or indirectly) the Claimant, her family, or her residence or place of education, in connection with these proceedings.
7. Nothing in paragraphs 1 to 6 above shall prohibit the Defendant or its insurers from disclosing the Claimant’s name, address or any information tending to identify her to their reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.
8. Any non-party affected by this order may apply on notice to set aside or vary this order.
9. There shall be permission to apply in respect of this Order.
10. Costs in the case.