JKW -v- Akintunde-edun & Ors (anonymity order)
Claim No: QB-2017-004285
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 04/05/2022
Before:
Mr Nicholas Braslavsky QC
Between:
JKW (BY HIS LITIGATION FRIEND LKW)
-v-
(1) MRS GRACE IYABODE AFOLASHADE MARTINS-JOSEPH
(2) DR RUSSELL PAUL HEARN
(3) SOMERSET GARDENS MEDICAL LLP
(4) DR OLUFOLAKEMIA OLAYINKA AYODELE AKINTUNDE-EDUN
(5) DR LORETTA SHRYANTHI KESHINI BASTIANPILLAI
(6) DR KATHERINE SIAN REES
(7) DR WASANTHA RAVINDRAJITH GOONERATNE
(8) DR JAMES VINCENT COADY
(9) MRS MARION JOSEPHINE LOMBARDELLI
(10) NORTH MIDDLESEX UNIVERSITY HOSPITALS NHS TRUST
ORDER
Before Mr Nicholas Braslavsky QC sitting as a Deputy Judge of the High Court in the Royal Courts of Justice on 4 May 2022
UPON HEARING Lizanne Gumbel one of Her Majesty’s Counsel on behalf of the Claimant and Jon Holl-Allen of Her Majesty’s Counsel on behalf of the Defendant
AND UPON consideration of the Confidential Advice from Counsel for the Claimant dated 15 March 2022.
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 section II of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged 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.
AND WHEREAS the Claimant is a Protected Party and brings the Claim by his wife and Litigation Friend, LKW.
IT IS ORDERED: –
- That the identity of the Claimant and of the Litigation Friend be not disclosed.
- That the Claimant and the litigation friend 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 “JKW” and “LKW”.
- 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.
- That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the litigation friend 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 of the litigation friend is to be placed on the Court file marked confidential ”not to be opened without the 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 the Court will effect service. This 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 or litigation friend. The publication of the name and address of the Claimant or any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the Claimant shall be referred to as ”JKW” and the litigation friend as ”LKW”.
Dated this 4th day of May 2022