CCC and LLL (interested party) -v- Hunter and another (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2022-001356
In the High Court of Justice
King’s Bench Division
29 November 2022
CCC ( A Minor & Protected Party By His Mother & Litigation Friend, LLL)
(1) Christopher Hunter
(2) Hampshire Hospitals NHS Foundation Trust
UPON the Claimant’s Application Notice dated 26 October 2022 and without a hearing
AND WHEREAS the Claimant is a Protected Party and brings the claim by his Mother and Litigation Friend, LLL
AND UPON consideration of the Claimant’s Article 8 Right of the European Convention on Human Rights to respect for privacy and family life and the Article 10 Right of the European Convention on Human Rights to freedom of expression
AND UPON IT APPEARING to the Court: (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 UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no countervailing public interest
AND PURSUANT to s6 of the Human Rights Act 1998, s11 of the Contempt of Court Act 1981, s.39 of the Children and Young Persons Act 1933 and Civil Procedure Rules 5.4A to 5.4D and 39.2, and the inherent jurisdiction of the Court
IT IS ORDERED that:
- The identity of the Claimant in these proceedings is protected and shall not be published.
- There shall not be disclosed in any report of these proceedings the name or address of the Claimant and/ or the Litigation Friend and/ or the Claimant’s family or any information which could lead to the identification of the Claimant or the Litigation Friend or the Claimant’s family in relation to their involvement in these proceedings.
- In any publication, broadcast or report relating to these proceedings by whatever medium the Claimant and the Litigation Friend shall be known by the letters set out below:
a. The Claimant as CCC;
b. The Litigation Friend as LLL.
- The addresses of the Claimant and Litigation Friend and the Claimant’s family be stated in all the Statements of Case and other documents to be filed or served in these proceedings as the address of the Claimant’s solicitors.
- 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.
- So far as the Claim Form, any Statement of Case, 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 permission to file with the Court copies of any 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 if in printed form are then to be retained by the Court in a sealed envelope marked: “Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division” and, if original documents are filed in the Court’s E-Filing service, they are to be retained in a folder marked with a similar heading.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23 January 2023 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.”
- A non-party may not without the permission of a Master or District Judge inspect or obtain a copy of any Statement of Case or other document on or from the Court file OTHER THAN this or any other Order made in open Court duly anonymised as directed above. Any Application for such permission must be made on at least 7 days’ notice to the Claimant’s Solicitor or Deputy and the Court will effect service.
- 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.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or his Litigation Friend or family in connection with these proceedings save that, for the avoidance of doubt, information about the Claimant may be communicated for the purposes of his diagnosis, care, treatment and fundraising.
- No picture shall be published in any newspaper or other media report as being or including a picture of the Claimant in connection with these proceedings save that, for the avoidance of doubt, information about the Claimant may be communicated for the purpose of his diagnosis, care, treatment and fundraising.
- Provided that the parties and/ or their advisers do not publish any documents containing references to the Claimant or the Litigation Friend of his family by name or address the parties and/ or their advisers be at liberty to retain their files in this case without alteration or substitution and to retain and generate inter partes correspondence and internal documentation which identifies the Claimant and the Litigation Friend or his family for the purposes of this action and paragraphs 1 to 5 and 10 and 11 above shall not apply in those respects.
- The provisions of this Order shall not apply:
a. 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;
b. 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
c. 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
- The parties and any non-party affected by this Order may apply on at least 7 days’ notice to all parties to set aside or vary this Order.
- The costs of obtaining this order be costs in the case.
- The Claimant shall file a duly anonymised version of this Order within 14 days of the date this Order is made.