HCZ -v- Kingston Hospital NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000745
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 30/03/2022
Before:
Master Thornett
Between:
HCZ (a child acting by her mother and Litigation
Friend DCZ)
-v-
Kingston Hospital NHS Foundation Trust
ORDER
UPON the Claimant’s without notice Application dated 4.3.22
AND UPON consideration of the Claimant’s Article 8 right to respect for private and
family life and the Article 10 right of freedom of expression
AND UPON the Court being satisfied that the case is likely to attract publicity and that
revealing the identity of the Claimant is likely to unfairly damage the interests of the
Claimant and those of her family members and that there is no sufficient public interest
in disclosure.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and
CPR Rule 39.2(4) and s39(1) Children and Young Persons Act 1933
IT IS ORDERED that:
1. There be substituted for all purposes of this case, in place of references to the
Claimant by name, and whether orally or in writing, references to the letters
‘HCZ’ and to the Claimant’s mother and Litigation Friend, the letters ‘DCZ’
2. 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 adjustments.
3. Provided that the parties and/or their advisers and/or NHSR do not publish any
documents containing references to the Claimant or her litigation friend by
name the parties be at liberty to retain their files in this case without alteration
or substitution to retain and generate internal documentation which identifies
the Claimant and the litigation friend for the purposes of the litigation.
4. So far as the Claim Form, or any Judgment or any 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 in a
sealed envelope marked: “not to be opened without the permission of a Judge
or Master of the Queen’s Bench Division”.
5. A non-party may not inspect or obtain the copy of any document from the court
file (other than this order – duly anonymised as directed) without the permission
of a Master. Any application for such permission must be made on notice to the
Claimant. Such file is to be retained by the court and marked “Anonymised”.
6. A non-party may not obtain any copy statement of case or other document from
the court file unless it has been edited (anonymised) in accordance with this
direction.
7. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or her family.
8. A party affected by this order may apply on notice to set aside or vary this order.