CBA -v- Hertfordshire Partnership University NHS Foundation Trust (anonymity order)
Claim No.: QB-2018-001148
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
4 February 2021
Before:
Master Sullivan
Betwen:
CBA (A Protected Party By His Father And Litigation Friend ZYX)
– v –
(1) Hertfordshire Partnership University NHS Foundation Trust,
(2) East and North Herfordshire NHS Trust,
(3) Hertfordshire Constabulary
UPON reading the Claimant’s Application Notice dated 29 January 2021 and the Witness Statement of Fiona Huddleston dated 29 January 2021
AND UPON consideration of the right of the Claimant and his family to respect for private and family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that publication of the circumstances giving rise to the settlement in this case would, absent this Order, involve unjustifiable interference with the Article 8 rights of the Claimant and his family
AND UPON IT APPEARING to the Court that it is necessary to grant this Order to prevent such unjustifiable interference with such Article 8 rights
AND PURSUANT to 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 in this case, in place of references to the Claimant by name, and whether orally or in writing, references to the letters CBA. Likewise, the Litigation Friend shall be referred to as ZYX.
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. 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 “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
4. A non-party may not obtain any copy statement of case or document from the court file unless it has been edited (anonymised) in accordance with this direction.
5. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the claimant or his family.
6. Provided that the parties and/or their advisors and/or the NHS Resolution do not publish any documents containing references to those mentioned in paragraph 1 above 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 those people for the purposes of their continuing rights and obligations under the main settlement order in this claim and paragraphs 1 to 5 shall not apply in those respects.
7. Any non-party affected by this order may apply on notice to set aside or vary this order.
8. Costs in the case.
9. A copy of this order be published on the website of he Judiciary of England and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity Orders” and in the order the Claimant be identified as CBA and the litigation friend as ZYX respectively.