JTF -v- Cambian Healthcare Limited (anonymity order)

High CourtKing's Bench DivisionQueen's Bench DivisionAnonymity Order

Claim Number: E91YJ666

In the High Court of Justice
Queen’s Bench Division

4 November 2022

Before:
Mrs Justice Heather Williams

Between:
JTF (A Protected party by L/F Robert Thomas)
-v-
Cambian Healthcare Limited

Order

BEFORE Mrs Justice Heather Williams sitting at Liverpool District Registry, Liverpool, Civil And Family Courts, 35 Vernon Street, Liverpool, L2 2BX on the 1st November 2022.

UPON HEARING Marc Willems, one of His Majesty’s Counsel and Mr. Peter Edwards, Junior Counsel for the Claimant and Mr. Richard Livingston, Counsel for the Defendant

AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application

AND UPON consideration of:

(a) The Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.

(b) The principles set out in the Judgments of the Court of Appeal in JX MX v. Dartford & Gravesham NHS Trust [2015] EWCA Civ. 96.

(c) The Defendant indicating their neutrality to the making of the order.

(d) Neither the press nor any other interested party making representations contrary to the proposed order.

AND PURSUANT to CPR r. 39.2(4) of the Civil Procedure Rules, sec tion 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules, the Court being satisfied that an order in the terms below is necessary to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981 Section 6 of the Human Rights Act 1998, CPR Rules 5.4A to 5.4D and CPR Rule 39.2:

  1. That the identity of the Claimant shall be not disclosed.
  2. 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 “JTF’.
  3. That the Claimant 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 “JTF’.
  4. That 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.

Court Files

  1. 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.
  2. That the original of any such document disclosing the name or address of the Claimant or of the Jitigation friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  3. That a non-party may not inspect or obtain a copy of any document on or from either the Court paper files or digital files (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 14 days’ notice to the Claimant’s solicitor or Deputy, and the Court will effect service.
  4. The court’s paper and digital files are to be retained by the Court and marked ..Anonymised”.

Reporting Restrictions

  1. That reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the publication of the name and address of the Claimant or of any member of the Claimant’s immediate family.
  2. The provisions of this Order shall not apply:-

a. to communications between the Court Funds Office and the anonymised party, her peputy 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 f:unds Office and/or the anonymised party, her Deputy or Litigation
Friend and any financial institution concerned as to the receipt or investment of such money or