DVE -v- Royal Brompton & Harefield NHS Foundation Trust (anonymity)
Claim No. QB-2020-000617
In the High Court of Justice
Queen’s Bench Division
30 July 2020
Before:
Master Yoxall
Between:
DVE (by her litigation friend, SXH)
-v-
Royal Brompton & Harefield NHS Foundation Trust
UPON the Claimant’s Application Notice dated 14 February 2020
AND UPON hearing counsel for the Claimant and solicitor for the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimant is likely unfairly to damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED that
1. There be substituted for all purposes of this case, in place of references to the Claimant, and whether orally or in writing, references to the letters “DVE”.
2. There be substituted for all purposes of this case, in place of references to the Litigation Friend, and whether orally or in writing, references to the letters “SXH”.
3. To the extent necessary to protect the claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
4. So far as the claim form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at any time does not comply with the above, the claimant’s solicitor has leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
5. 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”.
6. Reporting restrictions apply as to the disclosing of any information that may lead to the
subsequent identification of the Claimant, the Litigation friend, or the Claimant’s family
7. The Claimant has permission to amend the claim form giving the address of his solicitors in place of her residential address. A copy of the claim form with the claimant’s and litigation friend’s full name and address is to be placed on file in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation
Friend or any such financial institution in relation to such money.
9. Any party affected by this order may apply on notice without restriction of time for an order varying or setting aside this order.
10. Costs in the case.
11. Claimant to serve sealed order.