George -v- King’s College Hospital NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2022-001540
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
King’s College Hospital NHS Foundation Trust
UPON the Claimant’s Application Notice issued on 22 April 2022.
AND UPON consideration of section 12 of the Human Rights Act 1998
AND UPON the Court being satisfied that an order for non-disclosure of the identity
of the Claimant and his Litigation Friend is necessary in order to protect the interests
of the Claimant and there is no sufficient countervailing public interest in disclosure
(1) For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other
communication in whatever form (including internet and social media), which is
addressed to the public at large or any section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as
defined in subparagraph (i) above) from the date of this Order, even if such
information has derived from a previous stage or stages of these proceedings.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples
of communications and records which do not constitute publication within the
meaning of this order (providing always that proper steps are taken to protect
the confidentiality of information from being made public). In this list references
to ‘the anonymised party’ include that party’s appointed representatives and
advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party
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
(ii) Communications between the Court Funds Office, the anonymised party,
and any financial institution concerned as to the receipt or investment of such
(iii) Records kept by the Court Funds Office, the anonymised party, and any
financial institution concerned as to the receipt or investment of the Claimant’s
(iv) Retention by all parties to the claim, their representatives, and their
advisers of their unredacted files for the purposes of their continuing functions
and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their
successors in title and their legal and professional advisers, reinsurers, HM
Revenue and Customs (or its successor), the Compensation Recovery Unit or
any other person required by law.
(vi) Communications between the anonymised party’s representatives and
advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised party.
IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression and/or pursuant to CPR
Rule 93.2(4) and to s11 Contempt of Court Act 1987, Section 6 of the Human Rights
Act 1998 and CPR rules 5.4A to 5.4D and the inherent jurisdiction of the court as
1 That there be substituted for all purposes of this case, and in any report of the
proceedings by the press or otherwise, in place of references to the Claimant and
his Litigation Friend, and whether orally or in writing, references to the letters
“RXG” and “IXE”.
2 That there be substituted for all purposes in this action in place of reference to the
Claimant or Litigation Friend’s address, and whether orally or in writing,
references to “c/o Bolt Burdon Kemp”
3 The Claimant has permission to issue the claim form giving the address of his
solicitors in place of his residential address. A copy of the Claim Form with the
Claimant’s full name and address is to be placed on file and/or HMCTS e-filing
system noted: “not to be opened or accessed without the permission of a Judge
or Master of the Queen’s Bench Division”.
4 Insofar as is necessary, any statement of case or other document already filed in
the proceedings, disclosing the name or address of the Claimant or Litigation
Friend is to be replaced by a document describing such name/address in
anonymised form above.
5 The original of any such document disclosing the name or address of the Claimant
or Litigation Friend is to be placed in the court file and/or HMCTS e-filing service
system and noted that they should “not be opened or accessed without the
permission of a Judge or Master of the Queen’s Bench Division”.
6 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
7 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 and/or HMCTS e-filing service
system and noted that they should: “not be opened or accessed without the
permission of a Judge or Master of the Queen’s Bench Division”.
8 A non-party may not obtain or inspect any copy statement of case or other
document from the Court file (other than this Order duly anonymised) as directed
without the permission of a Judge or Master of the Queen’s Bench Division; any
application for such permission must be made on notice to the Claimant and the
Court file shall be clearly marked with the words “an anonymity order was made
in this case on [date of order] and any application by a non-party to inspect or
obtain a copy of a document from this file must be dealt with in accordance with
the terms of that Order”.
9 Reporting restrictions apply as to the disclosing of any information that may lead
to the subsequent identification of the Claimant or Litigation Friend. There shall
be no publication or other disclosure of any name, address or information tending
to identify the Claimant and Litigation Friend.
10 Any party affected by this order may apply on notice without restriction of time for
an order varying or setting aside this order.
11 Costs in the case.