Claim No: QB-2018-000878
The High Court, Queen’s Bench Division
8 November 2021
Judge Coe QC
(A child and protected party by GAEP, his litigation friend)
King’s College Hospital NHS Foundation Trust
Before Her Honour Judge Coe QC sitting as a judge of the High Court, remotely, at the Royal Courts of Justice, Strand, on 8th November 2021
UPON HEARING Julian Matthews of Counsel, on behalf of the Claimant and Mr Alex Antelme, one of Her Majesty’s Counsel, on behalf of the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect of private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the CPR
IT IS ORDERED:
- That the identity of the Claimant be not disclosed.
- That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “GHK”, and the Claimant’s litigation friend as “GAEP”.
- That the address of the Claimant and the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- That in so far as is necessary, any statement of case or other document disclosing the Claimant’s or litigations friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
- That the original of any such document disclosing the name or address of the Claimant or 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 Queen’s Bench Division.”
- That 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 her litigation friend and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited. No report of anything said at the Approval hearing pursuant to CPR rule 21.10 shall be a breach of this Order.
- That nothing in this order shall prevent the Claimant, the litigation friend, or the parties’ legal advisers from making such disclosure to medical or financial specialists as may be required in relation to the further conduct of the Claimant’s claim.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.