ECRC -v- East Suffolk and North Essex NHS Foundation Trust (anonymity order published under CPR 39.2(5)
CLAIM NO. QB-2019-002091
In the High Court of Justice
Queen’s Bench Division
16 January 2020
Before:
Master Yoxall
Between:
ECRC (by her mother and Litigation Friend CSC)
-v-
East Suffolk and North Essex NHS Foundation Trust
ORDER
UPON the Claimant’s Application Notice issued on July 2019
AND UPON reading the draft order submitted by the Claimant
AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and Article 10 right to freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is necessary in order to protect the interests of the Claimants
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules, s. 11 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 action, in place of references to the First Claimant by name, and whether orally or in writing, references to the letters ECRC.
2. There be substituted for all purposes of this action, in place of references to the First Claimant’s Litigation Friend and Second Claimant by name, and whether orally or in writing, references to the letters CSC.
3. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address or any details leading to the identification of the Claimants or any other member of the Claimants’ family. The First Claimant shall only be referred to as ECRC, and The First Claimant’s Litigation Friend and Second Claimant as CSC in any such reports.
4. That the original of any such document disclosing the name or address of the Claimants (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 Queens Bench Division”.
5. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this order and there has been redacted any information which might identify the Claimants or the Litigation Friend.
6. A non-party may not inspect or obtain a copy of any document from the court file without the permission of a Master. Any application for such permission must be made on notice to the Claimants.
7. For the avoidance of doubt:
a. Provided that the parties and/or their advisors and/or the NHS Resolution do not publish any documents containing references to those mentioned in paragraphs 1 and 2 above by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the order in this claim and paragraphs 2 to 3 shall not apply in those respects.
b. Nothing in this order is intended to prevent the Claimants or their family from discussing this case with their family or friends should they wish to do so.
8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
Dated 10th of November 2019