HJI -v- Croydon Health Services NHS Trust (anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2020-004018

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 08/02/2022

Before:
Master Brown

Between:
HJI (By Her Mother And Litigation Friend, FJU)
-v-
Croydon Health Services NHS Trust

ORDER

UPON the Claimant’s application for anonymity to protect her interests

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for
personal injuries suffered by HJI arising out of the Defendant’s negligence and in
respect of which proceedings were commenced by the Claimant against the
Defendant in the High Court of Justice, Queen’s Bench Division on 16 November
2020

AND WHEREAS the Claimant is a protected party and brings the claim by her
mother and Litigation Friend

AND UPON
1) Consideration of s.12 of the Human Rights Act 1998
2) The Court being satisfied pursuant to CPR r. 39.2(4) that non-disclosure of
the identity of the Claimant, her litigation friend and step-father is necessary in
order to protect the interests of the Claimant and there is no sufficient
countervailing public interest in disclosure
3) The Defendant indicating its neutrality to the making of the Order [and there
being no representations from the press or any other interested party]

AND PURSUANT TO the Claimant’s Article 8 right to respect for private and family
life and the Article 10 right to freedom of expression and/or pursuant to section 11 of
the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR Rule
5.4A to 5.4D, CPR Rule 39.2(4), :

IT IS ORDERED THAT:
1. That reporting restrictions apply as to the disclosing of any information
that may lead to the subsequent identification of the Claimant and her
Litigation Friend and step-father. There shall be no publication or other
disclosure of any name, address, picture or information tending to identify
any of them.
2. The Claimant shall hereinafter be referred to in these proceedings as
‘HJI’; her mother and Litigation Friend shall hereinafter be referred to in
these proceedings as ‘FJU’; and her step-father shall hereinafter be
referred to in these proceedings as ‘EJU’
3. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report
of the proceedings the names or address of the Claimant or her litigation
friend or step-father or any details the name or address of the Claimant, or
the Claimant’s parents, or any details that could lead to the identification
of the Claimant. The Claimant and her mother and her step-father if
referred to, whether orally or in writing, they shall only be referred to as
‘HJI’ and ‘FJU’ and ‘EJU’ respectively.
4. The address of the Claimant 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.
5. 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 with the permission of a Judge or Master of
the Queen’s Bench Division and only if the statement of case, judgment or
order has been anonymised such that:-
(a) The Claimant and her mother and step-father are
referred to only as, ‘‘HJI’, ‘FJU’ and ‘EJU’.
(b) The address of the Claimant has been deleted from
those documents.
(c) There has been redacted any information which
might identify the Claimant or her mother or stepfather.
6. The Court file shall be clearly marked with the words “An anonymity order
was made in this case on 4 February 2022 and any application by a nonparty
to inspect or obtain a copy document from this file must be dealt with
in accordance with the terms of that Order.”
7. If a person who is not a party to the proceedings applies (pursuant to CPR
r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other
document or communication, such application shall be on at least 7 days’
notice to the Claimant’s Solicitor or Deputy, and the Court will effect
service.
8. The provisions of this Order shall not apply:-
(i) 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;
(ii) 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; or
(iii) 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.
9. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of
this Order shall be published on the Judicial Website of the High Court of
Justice (www.judiciary.uk). For that purpose, a court officer will send a
copy of the order by email to the Judicial Office at
judicialwebupdates@judiciary.uk.
10. Any interested party, whether or not a party to the proceedings, may apply
to the Court to vary or discharge this Order, providing that any such
application is made on notice to the Claimant’s Solicitor or Deputy, and
that 7 days’ prior notice of the intention to make such an application is
given.
11. Costs in the case.