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CMS (a child by her litigation friend EJS) -v- University Hospitals Plymouth NHS Trust (anonymity order published under CPR 39.2(5)

|High Court|Anonymity Order

CLAIM No: QB-2018-001264

In the High Court of Justice
Queen’s Bench Division

29 January 2020

 

Before:

Judge Nicholas Braslavsky QC

Between:

CMS (A child, by her litigation friend EJS)

-v-

University Hospitals Plymouth NHS Trust

 


ANONYMITY ORDER

BEFORE Mr Nicholas Braslavsky QC, sitting as a Judge of the High Court in the Royal Courts of Justice on the 29th day of January 2020

UPON HEARING Mr Jonathan Jones, one of Her Majesty’s Counsel for the Claimant

AND IN consideration of the Claimant’s Article 8 rights to respect for private life 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 pursuant to 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 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 “CMS”. The Litigation Friend shall be referred to as “EJS”.

2. Pursuant to CPR rule 39.2(4) save for the purposes of medical treatment there shall not be
disclosed in any report of the proceedings the name or address of the Claimant or of the
Claimant’s family or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as ‘CMS’.

3. The address of the Claimant and of her Litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

4. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that (a) the Claimant is referred to in those documents only as ‘CMS’ and any identifying features be deleted from those documents; and (b) her address is deleted from those documents.

5. Pursuant to CPR 5.4C(4) and CPR 39.2(4) and save as required by law, and save that the
Claimant’s Deputy, in fulfilling his or her Deputyship duties, may disclose information which identifies the Claimant, the Litigation Friend, the Defendant or some or all of those persons where the Deputy deems it to be in the best interests of the Claimant so to do, paragraphs 2 to 4 inclusive of this Order shall apply to this case

6. Liberty to any person affected by this Order to apply to vary or set it aside.

Dated this 29th day of January 2020

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