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FHW -v- East Kent Hospital University NHS Foundation Trust (anonymity order)

Claim No. HQ18C01367

In the High Court of Justice

Queen’s Bench Division

8 October 2019




East Kent Hospital University NHS Foundation Trust

BEFORE The Honourable Mr Justice Saini sitting in Court 15 in the Royal Courts of Justice on 8 October 2019

UPON hearing Mr Christopher Johnston one of Her Majesty’s Counsel for the Claimant and Mr Philip Havers one of Her Majesty’s Counsel 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 to freedom of expression

WHEREAS pursuant to CPR r39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to section 1 1 of the Contempt of Court Act 1981 , section 6 of the Human Rights Act 1998, CPR Rule 5.4A to 5.40 and CPR Rule 39.2(4):-

The Claimant, his mother, his father and litigation friend, shall hereinafter be referred in these proceedings respectively as FHW’ (Claimant), ‘ABC’ (Mother), ‘RTH’ (Father and litigation friend).

There shall not be published in any report of the proceedings the names or address or any details leading to the identification of the Claimant, his parents or immediate family, including but not limited to, his parents’ places of work. If referred to, they shall only be referred to as ‘FHW’, ‘ABC’ and ‘NTH’.

Pursuant to CPR Rule 5.4 C a person who is not a party to the proceedings may obtain a copy of the Statement of Case, Judgment or Order from the Court records only if a Statement of Case, Judgment or Order has been anonymised such that:

The Claimant, the Claimant’s Litigation Friend, and the Claimant’s mother are referred to in those documents as FHW, RTH and ABC.

The address of the Claimant and the Claimant’s Litigation Friend has been deleted from those documents.

There has been redacted any information which might identify the Claimant or his parents or his immediate family.

There shall be no publication in any newspaper or other media whatsoever or other public disclosure of any name, address, picture or information tending to identify the Claimant, his parents or his immediate family in connection with this claim.

Provided that the parties and/or their advisers and/or any Deputy appointed for the Claimant and/or NHS Resolution do not publish any documents containing references to those mentioned in paragraph I above by name„ the parties and/or their advisers 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 the

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