CDE -v- Hampshire Hospitals NHS Foundation Trust (anonymity order)
Claim No QB-2020-001947
In the High Court of Justice
Queen’s Bench Division
8 July 2020
Before:
Master Cook
Between:
CDE (a child, by her father and litigation friend FGH)
-v-
Hampshire Hospitals NHS Foundation Trust
UPON an approval hearing
AND UPON HEARING Tejina Mangat, Counsel for the Claimant and Ms Charlotte Jones Counsel for the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respectful private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and her litigation friend is necessary in order to protect the interests of the Claimant.
AND PURSUANT to Rule 39.2 (4) of the Civil Procedure Rules and Section
(ii) of the Contempt of Court Act 1981 and Rules 5.4C and 5.4D of the Civil
Procedure Rules.
IT IS ORDERED:-
1. That the identity of the Claimant and her litigation friend shall not be disclosed.
2. That the Claimant and her litigation friend shall be described in any judgment or Order in these proceedings and in any report of the proceedings by the press or otherwise as “CDE” and “FGH” respectively.
3. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Judge, Master or District Judge of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant. The court will effect service.
4. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and her litigation friend.
5. The provisions of this Order shall not apply to:
i) Communications with the Court Funds Office or Court of
Protection by or on behalf of the Claimant or Litigation Friend;
ii) Communications with any financial institution concerned with investments for the Claimant;
iii) Records kept by the Court Funds Office, Court of Protection or any financial institution concerned with investments for the Claimant;
6. That any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied. The court will effect service.
7. Claimant to serve sealed order.