CR -v- Hull University Teaching Hospitals NHS Trust (anonymity order)
Claim No: QB-2021-000137
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
08 February 2021
Before:
Master Eastman
Between:
CR (a protected party by his mother and Litigation Friend, DR)
– v-
Hull University Teaching Hospitals NHS Trust
BEFORE MASTER EASTMAN
AND UPON HEARING Counsel on behalf of the Claimant.
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence between 26 December 2016 and 22 May 2017 and in respect of which Part 8 of the Civil Procedure Rules 1998 applies to these claims pursuant to CPR Part 21.10 (2)(b)(i).
AND WHEREAS the Claimant is a protected party and brings the claim by his Mother and Litigation Friend, Ms DR
UPON consideration of the Claimant’s Article 8 right to respect for 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 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. There shall 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 “CR”. Likewise, the litigation friend shall be referred to as “DR”.
2. That the identity of the Claimant, his Litigation Friend and any details which may lead to the identification of the Claimant be not disclosed.
3. That the Claimant be described in all statements of case and other documents to be filed 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 “CR” and his Litigation Friend be referred to as “DR”.
4. That the address of the Claimant 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.
5. 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 Master or District Judge. Any application for such permission must be made on notice to the Claimant, in accordance with CPR r. 5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
7. That the foregoing provisions of this Order shall not preclude such identifying details being referred to in the course of such communications as are necessary to inform the relevant parties that the matter has settled, to implement the terms of the settlement of these proceedings or in any communication between the parties and/or documents which it is necessary to serve and/or file in relation to the assessment of costs.
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. Costs in the case.