Claim No: QB-2022-001905
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
CAB (by her Father and Litigation Friend, CXB)
Maidstone and Tunbridge Wells NHS Trust
UPON READING the Proposed Claimant’s application notice.
AND UPON consideration of the Claimant’s Article 8 Right to respect for privacy and
family life and the Article 10 Right of freedom of expression.
AND UPON IT APPEARING (1) That the action is likely to attract publicity. (2) That
publicity revealing the identity of the Claimant is likely to unfairly damage the interests
of the Claimant. (3) That, accordingly, publication of details revealing the Claimant’s
identity ought to be prohibited.
AND PURSUANT to s11 Contempt of Court Act 1981 and Civil Procedure Rules, Rule
5.4A to 5.4D and 39.2, and the inherent jurisdiction of the Court.
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
[CAB]. Likewise, the Litigation Friend shall be referred to as [CXB].
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
3. So far as the Claim Form, or any Judgment or Order (including this 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 marked on the
electronic court file: ‘not to be disclosed without the permission of a Judge or
Master of the Queen’s Bench Division.’
4. Any person not a party to the action seeking a copy of any document pursuant
to Part 5.4A-D of the Civil Procedure Rules or otherwise must apply for leave to
do so on notice to all parties. Any application for such permission must be served
by the Court.
5. If an order is made permitting such a person to obtain a copy, no such copy may
be provided unless it has been adjusted or edited so as to comply with this order,
and for the avoidance of doubt such adjustment or editing may be made by those
acting on behalf of the Claimant, and may include, so far as is necessary,
adjustment to references to persons, places or other material within the body of
the documents necessary to protect the identity of the Claimant.
6. Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant or her parents save that, for the
avoidance of doubt, information about the Claimant may be communicated for
the purposes of her diagnosis, care, treatment and fundraising.
7. No picture shall be published in any newspaper or other media report as being
or including a picture of the Claimant save that, for the avoidance of doubt,
information about the Claimant may be communicated for the purpose of her
diagnosis, care, treatment and fundraising.
8. The Claimant has permission to issue the Claim Form giving the address of her
solicitors in place of her residential address. A copy of the Claim Form with the
Claimant’s full name and address is to be marked on the electronic court file: ‘not
to be disclosed without the permission of a Judge or Master of the Queen’s
9. This Order does not apply to communications and documents held by and
passing between the Defendant and the Defendant’s legal representative.
10. A copy of this order is to be published on the website of the judiciary of England
& Wales in its anonymised form.
11. Any non-party affected by this Order may apply on notice to set aside or vary this
12. There is liberty to all parties to apply.