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JXS -v- Dr Haiam Fahmy (anonymity order published under CPR 39.2(5)

Claim No: HQ14C04536

In the High Court of Justice

Queen’s Bench Division

                                                                                                                                                                                20 June 2019

 

Before:

Mrs Justice Lambert

Between:

JXS (By his Mother and litigation friend AYO)

-v-

VBN

 


ANONYMITY ORDER 

BEFORE the Honourable Mrs Justice Lambert sitting in the Royal Courts of Justice, Strand on 20th June 2019 

UPON HEARING Mr John de Bono one of Her Majesty’s Counsel on behalf of the Claimant and Mr Dominic Nolan, one of Her Majesty’s Counsel on behalf of the Defendant.

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

  1. There shall be no publication in any newspaper or any other media or other disclosure of any name, address, image or other information tending to identity 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 Claimant shall be known as “JXS” the Claimant’s mother and Litigation Friend as “AYO” and the Claimant’s father as “BZS”
  3. 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 the Statement of Case, Judgment or Order has been anonymised such that the Claimant and the Claimant’s Litigation Friend are referred to in those documents as JXS and AYO and the address of the Claimant and the Claimant’s Litigation Friend has been deleted from those documents.
  4. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or his Litigation Friend by name, the parties and/or their advisers be at liberty to retain their files in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 and paragraphs 1, 2 and 3 above shall not apply in those respects.
  5. Insofar as any Statement of Case, Judgment, Order or other documents to which anyone might have access at any time does not comply with paragraph 1 above, the Claimant’s solicitors have permission to file with the Court copies of any such document adjusted so that it does so 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”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant’s solicitors and that seven working days’ prior notice of the intention to make such an application is given.
  7. Nothing in this order shall prevent the Defendant’s Solicitors from liaising with the Defendant’s defence organisation, the Compensation Recovery Unit or  any other person or body for the purpose of the conduct of this litigation or complying with any order of the Count.

Dated: The 20th Day June 2019.

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