CCD and DDA (interested party) -v- Homerton University Hospital NHS Foundation Trust (anonymity order)
Claim Number: QB-2020-001650
In the High Court of Justice
King’s Bench Division
6 December 2022
Before:
Sarah Crowther KC
Between:
CCD
(a child by his mother and Litigation Friend
DDA)
-v-
Homerton University Hospital NHS Foundation Trust
Anonymity Order
BEFORE SARAH CROWTHER KC sitting as a Deputy Judge of the High Court in the Royal Courts of Justice, Strand, London on 6th December 2022
UPON hearing from Richard Cartwright, Counsel for the Claimant, and Edward Bishop, one of His Majesty’s Counsel, for the Defendant
AND UPON the Claimant’s application
AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is
necessary to protect the interests of the Claimant and his Litigation Friend and there is no sufficient countervailing public interest in disclosure.
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6
of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 that:
(1) The identity of the Claimant and his Litigation Friend not be disclosed.
(2) There be substituted for all purposes of this case, in place of references, whether orally or in writing, to the Claimant and his Litigation Friend references to “CCD” and “DDA” respectively.
(3) That the Claimant and his Litigation Friend be described in all statements of case and other documents to be filed hereafter or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “CCD” and “DDA” respectively.
(4) A non-party may not, without the permission of a Master or District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or his Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service.
(5) The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6 December 2022 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”.
(6) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, or his Litigation Friend. The publication of the name and address of the Claimant and of his Litigation Friend is prohibited.
(7) Provided that the parties and/or their advisors and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 2 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraph 1 shall not apply in those respects.
(8) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(9) Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdatcs@iudiciarv.uk.
(10) Costs of this application be costs in the case.
Dated this 6th day of December 2022