QRO -v- Imperial College Healthcare NHS Trust (anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2019-004300

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 25/03/2022

Before:
JEREMY HYAM QC
SITTING AS A DEPUTY JUDGE OF THE HIGH COURT
BY MS TEAMS

Between:
QRO
(a Child suing by his Mother and Litigation Friend ZXR)
-v-
IMPERIAL COLLEGE HEALTHCARE NHS TRUST

ANONYMITY ORDER

BEFORE Mr Jeremy Hyam QC sitting as a Deputy Judge of the High Court by MS Teams from the Royal
Courts of Justice on 25 March 2022.
AND UPON HEARING Lizanne Gumbel one of Her Majesty’s Counsel on behalf of the Claimant and
Margaret Bowron one of Her Majesty’s Counsel on behalf of the Defendant.
AND UPON
(1) consideration of the Claimant’s Article 8 right to respect of private and family
life and the Article 10 right to freedom of expression.
(2) it appearing that non-disclosure of the identity of the Claimant is necessary in
order to protect the interests of the Claimant and that there is no sufficient
countervailing public interest in disclosure.
(3) the Defendant indicating its neutrality to the making of the order and [there
being no representations from the press or any other interested party].
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act
1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS
1. For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever
form (including internet and social media), which is addressed to the public at large or any
section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived from a
previous stage or stages of these proceedings.
2. For the avoidance of doubt, set out below is a non-exhaustive list of examples
of communications and records which do 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) 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.
(ii) Communications between the Defendant or its successors in title and their legal and
professional advisers, HM Revenue and Customs (or its successor), the Compensation Recovery
Unit or any other person required by law.
(iii) Communications between the anonymised party’s representatives and advisers in managing
that party’s affairs.
(iv) Communications for the purpose of obtaining medical care, advice or treatment for the
anonymised party.

IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is protected and shall not be
published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings
or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or
other immediate family members, or any details (including other names, addresses, or a
specific combination of facts) that could lead to the identification of QRO as the Claimant in
these proceedings.
The Claimant and the Litigation Friend shall be referred to as set out at
paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in
relation thereto:
i) The Claimant shall be referred to as “QRO”.
ii) The Litigation Friend shall be referred to as “ZXR”.
iii) Any other details liable to lead to the identification of the Claimant
(including any names of other immediate family members or their
addresses) shall be redacted before publication.
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4. Pursuant to CPR Rules 5.4C and 5.4D:
i) A person who is not a party to the proceedings may not obtain a copy of a statement of
case, judgment or order from the Court records unless the statement of case, judgment or
order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or
(2)) for permission to inspect or obtain a copy of any other document or communication, such
application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 25 March 2022 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.”
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 solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make
such an application is given.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by
the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the
Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court
officer will send a copy of the order by email to the Judicial Office at
judicialwebupdates@judiciary.uk.
8. The costs of obtaining this order be costs in the case.