Claim Number: QB-2019-003297
In the High Court of Justice
King’s Bench Division
7 November 2022
His Honour Judge Mark Gargan
(By his father & litigation friend SLM)
Homerton University Hospital NHS Foundation Trust
BEFORE His Honour Judge Mark Gargan sitting as a High Court Judge in the High Court, King’s Bench Division, Royal Courts of Justice on 7 November 2022
UPON HEARING Christopher Johnston KC, one of His Majesty’s Counsel, on behalf of the Claimant and Eliot Woolf KC, one of His Majesty’s Counsel, on behalf of the Defendant
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
- That the identity of the Claimant and his father and litigation friend and his mother shall not be disclosed.
- There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “VXM”. Likewise, the Father and Litigation Friend shall be referred to as “SLM” and the Claimant’s mother as “AMR”.
- That the Claimant and the Litigation Friend and the Claimant’s mother 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 “VXM” and “SLM” and “AMR” respectively.
- 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.
- Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or his Litigation Friend or mother by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his Litigation Friend and mother for the purposes of their continuing rights and obligations in relation to dealing with this claim and paragraphs 1 and 2 shall not apply in those respects.
- So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court 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”.
- A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or his Litigation Friend or mother. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) 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 or 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.
- The provisions of this Order shall not apply:
a) to communications between the Court Funds Office and the anonymised party, his Deputy 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, his Deputy 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, his Deputy or Litigation Friend or any such financial institution in relation to such money.
(9) Nothing in paragraphs 1 to 8 above shall prohibit the Defendant or NHS Resolution and their legal and professional advisers from disclosing the Claimant’s name, address or any information tending to identify him to any other person or body as required by law or for the purpose of the conduct of this litigation or complying with any order of the Court.
(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) A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as “VXM” and his litigation friend as “SLM” and his mother as “AMR”.