In the High Court of Justice
Queen’s Bench Division
15 October 2021
Mrs Justice May
GHN (by his mother and litigation friend TWX)
East Suffolk & North Essex NHS Foundation Trust
BEFORE Mrs Justice May sitting by way of remote hearing on 14th October 2021
UPON hearing Eliot Woolf QC, Counsel for the Claimant and Anna Hughes, 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
AND UPON the Court being satisfied, pursuant to CPR 39.2(4) that an order for non-disclosure of the identity of the Claimant and the Litigation Friend in the terms below is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
AND UPON the Defendant indicating its neutrality to the making of the Order
IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. There shall be no publication or other disclosure of any name, address or information tending to identify either the Claimant or the Litigation Friend.
2. The Claimant and the Litigation Friend shall 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 “GHN” and “TWX” respectively.
3. The address of the Claimant and the Litigation Friend shall 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.
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 the Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
5. The original of any such document disclosing the name or address of the Claimant or the Litigation Friend is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”. Any electronic file shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”
6. 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 shall be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:
a. To communications between the Court Funds Office and the anonymised party or Litigation Friend 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 money;
b. To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
c. To records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d. To retention by the Parties and/or representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to proceedings.
e. To communications between the Defendant and their legal professional advisors, NHS Resolution, the Compensation Recovery Unit of the Department for Work & Pensions or any
other person required by law.
9. Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.
10. Costs in the case