SHD -v- VBN (anonymity)
Claim No. QB-2020-001587
In the High Court of Justice
Queen’s Bench Division
28 July 2020
(1) SHD a Minor and By Their Mother and Litigation Friend MHD)
UPON READING the Claimants’ Application of 30 April 2020 and the Defendants’ submissions dated 17 June 2020.
PURSUANT to rule 39.2(4) of the Civil Procedure Rules, section 6(1) of the Human Rights Act 1998 (taken with Article 8 of the Convention) and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
AND UPON the Master being satisfied that that it is necessary to secure the proper administration of justice
IT IS ORDERED THAT:-
1. The Claimants shall be referred to for all purposes in these proceedings (including in all documents to be filed in the proceedings and in any judgment or order) as “SHD” and “MHD” and the Defendants as ‘VBN’ and ‘BNM’ respectively.
2. The address of the parties be stated in all documents to be filed or served in the proceedings as C/O the address of their solicitors.
3. In so far as necessary, any document disclosing the parties’ names or address already filed in the proceedings be replaced by a document describing such a name or address in anonymised form as above.
4. That the original of any such document containing the names or address of the parties is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
5. A non-party may not obtain or inspect a copy of any Statement of Case or any other document filed with the Court and to which a non-party may have access pursuant to CPR 5.4A-D or otherwise, unless it has been produced or edited so as to comply with this Order or any subsequent direction made by the Court
6. There shall be no publication of the Claimants’ names or any other information that is likely to identify them as the subjects of these proceedings. This provision shall not prevent:
i. The Claimants from disclosing any information to (i) their family and friends, or (ii) medical and care professionals; or
ii. The parties disclosing information to the extent permitted by any Settlement Agreement concluded between them.
7. The provisions of this order shall not apply:-
i. to communications between the Court Funds Office and the Claimants or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of SHD or the investment or treatment of payment out of such money;
ii. to communications between the Court Funds Office and/or the parties 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 Claimants or Litigation Friend or any such financial institution in relation to such money.
8. That the Claimants do by 22 July 2020 draw and file this Order and serve the same on the Defendants.
9. That the Claimants do comply with rule 23.9(2) of the Civil Procedure Rules by service on the Defendants.