Claim No. QB-2019-001825
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
17 February 2021
JBK (a Protected Party by his mother and litigation friend JTK)
HOMERTON UNIVERSITY HOSPITAL NHS FOUNDATION TRUST
BEFORE The Honourable Mrs Justice Foster on 17 February 2021
UPON hearing Richard Cartwright of Counsel for the Claimant and David Evans one of Her Majesty’s Counsel for the Defendant
AND WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s alleged negligence at the time of his birth on 15 November 1998
AND WHEREAS those injuries consist of a form of cerebral palsy as a consequence of neurological damage caused by a period of acute hypoxicischaemia 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 21 May 2019
AND WHEREAS the Claimant is a Protected Party and brings the Claim by his Mother and Litigation Friend JDK.
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 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 Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil
IT IS ORDERED that:
1. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or his Litigation Friend in relation to their involvement in these proceedings.
2. In any publication or broadcast relating to these proceedings the following parties shall be known by the letters set out below:
i. The Claimant as JBK
ii. The Claimant’s Litigation Friend as JTK
3. That the address of the Claimant and of 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.
4. Pursuant to CPR Rule 5.4 C a person who is not a party to the proceedings may obtain a copy of the Statement of Case, Judgment or Order from the Court records only if a Statement of Case, Judgment or Order has been anonymised such that:
i. The Claimant and the Claimant’s Litigation Friend are referred to in those documents as JBK and JTK
ii. The address of the Claimant and the Claimant’s Litigation Friend has been deleted from those documents. For purposes of this claim including any Statement of Case, Judgment, Order or other document the following parties shall be known by the letters set out below
i. The Claimant as “JBK”;
ii. The Claimant’s Litigation Friend as “JTK”
5. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or his litigation friend by name the parties and/or their advisers 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 his litigation friend for the purposes of their continuing rights and obligations under the Order of even date imposing liability in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
6. In so far as any Statement of Case, Judgment, Order or other documents to which anyone might have access pursuant to CPR Rule 5.4 A – D at any time does not comply with paragraph 1above, the Claimant’s Solicitors have permission to file with the Court copies of any such document adjusted so that it does comply. Such copies are to be treated for all purposes as being in substitution for the relevant original; 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”.
7. 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 and that 7 working days’ prior notice of the intention to make such an Application is given.
8. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as JBK and his litigation friend as JTK.