EXH -v- Maidstone and Tunbridge Wells NHS Trust (anonymity order)
Claim No: QB-2020-003173
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 26/04/2022
Before:
THE HONOURABLE MR. JUSTICE MARTIN SPENCER
Between:
EXH
(a protected party by her Mother and Litigation Friend, MXH)
-v-
MAIDSTONE AND TUNBRIDGE WELLS NHS TRUST
ORDER FOR ANONYMITY
BEFORE The Honourable Mr. Justice Martin Spencer sitting in Royal Courts of Justice on 26 April 2022
UPON HEARING Henry Witcomb one of Her Majesty’s Counsel on behalf of the Claimant and Pritesh Rathod Counsel on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged negligence on or about 20 December 2015 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, Queen’s Bench Division on 10 September 2020
AND WHEREAS the Claimant is a child and a protected party and brings the claim by her Mother and Litigation Friend
AND UPON
(1) Consideration of s12 of the Human Rights Act 1998
(2) The court being satisfied that an order for non-disclosure of the identity of the Claimant and Litigation Friend is necessary in order to protect the interests of the Claimant and there is no 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.
IT IS ORDERED pursuant to the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression and/or pursuant to rule 39.2(4) of the Civil Procedure Rules and the Contempt of Court Act 1981, section 11, Section 6 of the Human Rights Act 1998, and rules 5.4C and 5.4D of the Civil Procedure Rules:
1. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and of the Litigation Friend. There shall be no publication or other disclosure of any name, address or information tending to identify either of them.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order and their addresses shall be referred to as set out at paragraph 4 of this Order.
3. That there be substituted for all purposes in this action and in any report of these proceedings, or other publication (by whatever medium) in relation thereto,
(a) in place of reference to the Claimant by name, and whether orally or in writing, references to “EXH”.
(b) in place of reference to the Litigation Friend by name, and whether orally or in writing, references to “MXH”
4. That there be substituted for all purposes in this action in place of reference to the address of the Claimant and of her Litigation Friend, and whether orally or in writing, references to “c/o Fieldfisher LLP”.
5. Pursuant to CPR Rules 5.4C and 5.4D:
(a) A person who is not a party to the proceedings may not inspect or obtain a copy of any document from the court file (other than this Order duly anonymised as directed) without the permission of a Judge or Master of the Queen’s Bench Division.
(b) 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 or Deputy
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 April 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.”
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given
8. 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.
Dated 26th day of April 2022