Claim Number: QB-2021-000313
In the High Court of Justice
King’s Bench Division
23 January 2023
Johnson & Johnson Medical Limited
UPON consideration of the Claimants 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 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
AND BY CONSENT IT IS ORDERED THAT:
- The identity of the Claimant shall not be disclosed.
- That the Claimant shall 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 reports of the Proceedings by the press otherwise as “MTW”.
- That the address of the Claimant be redacted in all statements of case and other documents to be filed or served in the Proceedings.
- That insofar as necessary, any statement of case or other document disclosing the Claimant’s name or address already filed in the Proceedings shall be replaced by a document describing such name or address in anonymised form as above.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 20 January 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
- That a non party may not inspect or obtain a copy of any documents on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Judge or Master.
- Any Application for such permission must be made to the Court and the Court must serve on the litigant in person (MTW). The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply to 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 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.
- Costs in the case.
The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
i. Communications between the Court Funds Office and the anonymised party 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.
ii. Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
iii. Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
iv. Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
v. Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
vi. Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
vii. Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
viii. Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.