CLAIM NO: QB-2018-001771
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
30 September 2020
MR JUSTICE KERR
KTB (by his mother and litigation friend, ETB)
IMPERIAL COLLEGE HEALTHCARE NHS TRUST
BEFORE The Honourable Mr Justice Kerr sitting in the Royal Courts of Justice on 30th September 2020.
UPON HEARING Mr Robert Weir one of Her Majesty’s Counsel, on behalf of the Claimant and Mr John Whiting one of Her Majesty’s Counsel on behalf of the Defendant
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 on or about 21 February 2008 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 11 January 2018
AND WHEREAS the Claimant is a Child/Protected Party and brings the Claim by his Mother and Litigation Friend ETB.
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 KTB
ii. The Claimant’s Litigation Friend as ETB
3. 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 KTB and ETB
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 “KTB”;
ii. The Claimant’s Litigation Friend as “ETB”
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 Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or his litigation friend by name the parties and/or their advisers be at liberty to retain their files in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 under the main settlement of liability order in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
5. 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 1 above, 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 enveloped 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, 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.
7. 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 KTB and his litigation friend as ETB.
8. Costs in the case.