DDD -v- Kings College Hospital NHS Foundation Trust (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim No: QB-2019-001789

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Clinical Negligence

Date: 18/03/2022

Before:
MR SIMEON MASKREY QC

Between:
DDD
(a Protected Party by his mother and litigation friend,
EEE)
-v-
KING’S COLLEGE HOSPITAL NHS FOUNDATION
TRUST

ANONYMITY ORDER

BEFORE MR SIMEON MASKREY QC,
Sitting as a Deputy Judge of the High Court
By a remote hearing in The Royal Courts of Justice on 18 March 2022
UPON HEARING John de Bono QC one of Her Majesty’s Counsel, on behalf of the
Claimant and Sarah Vaughan Jones QC one of Her Majesty’s Counsel, on behalf of
the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect of 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 UPON there being no representations from the Press Association
AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court
Act 1981, and rules 5.4C and 5.4D of the CPR

IT IS ORDERED:
1. That the identity of the Claimant and the Litigation Friend be not disclosed.
2. That the Claimant and the Litigation Friend 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 “DDD” and “EEE” respectively.
3. That the address of the Claimant and of the 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. That in so far as is necessary, any statement of case or other document
disclosing the Claimant’s name or address [or the name and address of the
Litigation Friend] already filed in the proceedings be replaced by a document
describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the
Claimant or of the Litigation Friend is to be placed on the Court file in a sealed
envelope marked “not to be opened without permission of a Judge, Master or
District Judge of the Queen’s Bench Division.”
6. 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 and the Court will effect service. The
file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or Litigation Friend. The
publication of the name and address of the Claimant or of any member of the
Claimant’s immediate family or the name and address of the Litigation Friend is
prohibited. No report of anything said at the Approval hearing pursuant to CPR
rule 21.10 shall be a breach of this Order.
8. That nothing in this order shall prevent the Claimant, his litigation friend, or the
parties’ legal advisers from making such disclosure to medical or financial
specialists as may be required.
9. Provided that the parties and/or their advisors and/or any Deputy appointed for
the Claimant 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 2 shall not apply in those respects.
10. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.