Claim No: QB-2022-000468
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BXC (A Protected Party by her Litigation Friend, BXD)
Dartford and Gravesham NHS Trust
UPON the Claimant issuing a claim form on 14 February 2022
AND UPON the approval hearing of 28 March 2022 in which the Court approved the interim damages payment and judgment wording in the sealed Order of the same date
AND UPON reading the Application of the Claimant
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 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 or those of her family members and that, accordingly, publication of details revealing the Claimant’s identity and/or details of her immediate family ought to be prohibited.
AND PURSUANT to s6 Human Rights Act 1998, s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
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 BXC, and to the Claimant’s mother and Litigation Friend, the letters BXD.
2. 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.
3. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or her litigation friend by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and the litigation friend for the purposes of the litigation.
4. 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 marked: “Confidential”.
5. 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 Master. Any application for such permission must be made on notice to the Claimant. Such file is to be retained by the Court and marked: “Anonymised”.
6. 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.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or her family.
8. Any non-party affected by this Order may apply on notice to set aside or vary this Order.
9. A copy of this Order is to be published on the Courts of England and Wales website.