GHJ -v- Chelsea and Westminster Hospital NHS Foundation Trust (anonymity order)
Claim Number: QB-2021-000064
In the High Court of Justice
King’s Bench Division
4 June 2024
Before:
The Honourable Mrs Justice Heather Williams
Between:
GHJ (A child proceeding by her Mother and Litigation Friend BNM)
-v-
Chelsea and Westminster Hospital NHS Foundation Trust
Order
BEFORE MRS JUSTICE HEATHER WILLIAMS
At the Royal Courts of Justice on 4th June 2024
UPON HEARING John de Bono, one of His Majesty’s Counsel, on behalf of the Claimant and Jeremy Hyam, one of His Majesty’s Counsel, on behalf of the Defendant
WHEREAS pursuant to CPR r. 39.2(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 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1 That the identity of the Claimant and her mother and litigation friend not be disclosed.
2. There be substituted for all purposes of this case in place of reference to the Claimant by name, references to ‘GHJ’. Likewise the Claimant’s mother and litigation friend shall be referred to as ‘BNM’. There shall not be disclosed in any report of the proceedings the names or address of the Claimant or of her parents or other family members or any details leading to the identification of the Claimant or her parents or other family members and if referred to, they shall only be referred to as follows:
a) The Claimant and her mother as GHJ and BNM
b) The Claimant’s maternal grandmother as QWE
c) The Claimant’s father as RTY
d) The Claimant’s maternal aunt be referred to as TYU
3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that:-
a) The Claimant and her mother are referred to only as GHJ and BNM
b) The Claimant’s maternal grandmother be referred to only as QWE
c) The Claimant’s father be referred to as RTY
d) The Claimant’s maternal aunt be referred to as TYU
e) The address of the Claimant and her mother has been deleted from those documents
f) There has been redacted any information which might identify the Claimant or her parents.
4. There shall be no publication in any newspaper or other media of any name, address, picture or information tending to identify the Claimant or her parents or other family members.
5. Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or her Litigation Friend or father 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 the Claimant and her Litigation Friend and father for the purposes of their continuing rights and obligations in relation to dealing with this claim and paragraphs 1 and 2 shall not apply in those respects.
6. The provisions of this Order shall not apply to communications between the Claimant and her parents or other family members and her solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant or her parents in order to comply with the terms of the settlement agreement or to any communication between the parties and/or documents which it is necessary to serve and/ or file in relation to the assessments of damages and/or costs.
7. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.