Claim No: QB-2019-004668
In the High Court of Justice
Queen’s Bench Division
7 February 2020
VGS (by her mother and litigation friend KGS)
Lewisham and Greenwich NHS Trust
UPON the Claimant’s Application Notice issued on 20th December 2019
AND UPON reading the draft order submitted by the Claimant
AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and 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, s. 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the Civil Procedure Rules. IT IS ORDERED that:
1. That the identity of the Claimant and of the Litigation Friend be not disclosed.
2. That the Claimant and the Litigation Friend 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 VGS and KGS.
3. 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.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such names or addresses in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant and the Litigation Friend 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 Queen’s Bench Division”.
6. 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”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
8. The provisions of this Order shall not apply:-
(i) to 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) to communications between the Court Funds Office and/or the anonymised parties 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 parties or any such financial institution in relation to such money.
10. For the avoidance of doubt:
(i) Provided that the party and/or her advisors and/or the NHS Resolution do not publish any documents containing references to those mentioned in paragraph 2 above by name the party be at liberty to retain her files in this case without alteration or substitution and to retain and generate internal documentation which identifies those people for the purposes of their continuing rights and obligations under the order in this claim and paragraph 2 shall not apply in those respects.
(ii) Nothing in this order is intended to prevent the Claimant or her family from discussing this case with her family or friends should she wish to do so.
11. That the Claimant do draw and file this Order and serve the same on the Defendant within 14 days of the date of the order.
12. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.