QGZ and WAX -v- Barking, Havering & Redbridge University Hospitals NHS Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2012-007215
In the High Court of Justice
King’s Bench Division
14 November 2022
His Honour Judge Ambrose (Sitting as a Judge of the High Court)
QGZ (A Child by his Mother & Litigation Friend WAX)
Barking, Havering & Redbridge University Hospitals NHS Trust
Dated 14th November 2022 Anonymised
BEFORE HIS HONOUR JUDGE AMBROSE sitting at Court 20 in the HIGH COURT
UPON HEARING Robert Glancy KC one of His Majesty’s Counsel, on behalf of the Claimant and Richard Booth KC one of His Majesty’s Counsel, on behalf of the Defendant
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON there being no objection from any member of the public or press
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 II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED that:
- That the identity of the Claimant and his Litigation Friend shall be not disclosed.
- That the Claimant and his Litigation Friend 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 report of the proceedings by the press or otherwise as “QGZ” and “WAX”.
- That the address of the Claimant and of the Litigation Friend 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.
- That by no later than the 21st November 2022 the Claimant’s solicitor is to file an anonymised bundle of pleadings to lie on the court file. The Claimant’s name or address or the name or address of the Litigation Friend already filed is to 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 parties set out above in paragraph 1 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”.
- 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 Claimant, 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 Claimant and his Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
- The provisions of this Order shall not apply: –
(i) 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;
(ii) 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
(iii) 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.
- 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 assessment.
DATED 14th November 2022