Claim No.: QB-2021-003031
In the High Court of Justice
Queen’s Bench Division
Date: 18 July 2022
PJS (by his litigation friend and wife, TAH)
Anonymised Party TAH
Essex Partnership University NHS Foundation Trust
AND UPON HEARING THE SOLICITOR FOR THE FIRST AND SECOND CLAIMANTS AND COUNSEL FOR THE DEFENDANT AND UPON IT APPEARING THAT NON-DISCLOSURE OF THE IDENTITY OF THE FIRST AND SECOND CLAIMANTS IS NECESSARY IN ORDER TO PROTECT THE INTERESTS OF THE FIRST AND SECOND CLAIMANTS. AND PURSUANT TO RULE 39.2(4) OF THE CIVIL PROCEDURE RULES AND SECTION II OF THE CONTEMPT OF COURT ACT 1981 AND RULES 5.4C AND 5.4D OF THE CIVIL PROCEDURE RULES.
IT IS ORDERED THAT:-
- The identity of the Claimants shall not be disclosed.
- That the First 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 “PJS” or “PJS ( by his litigation friend and wife, TAH)”.
- That the Second 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 “TAH”.
- That the address of the Claimants be stated in all statements of case and other documents to be further 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 Claimants’ name or address 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 Claimants is to be placed on the Court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
- 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
Claimants, and the Court will effect service. The 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 Claimants. The publication of the name and address of the Claimants or of any member of the Claimants’ immediate family is prohibited.
- The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party 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 Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
d. To inter partes communications
10.That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
11.Costs in the assessment.
12.Claimant to serve sealed order.