AB -v- East Lancashire Hospitals NHS Trust (anonymity order)
Claim No: G90MA201
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
Date: 14/04/2022
Clinical Negligence
BETWEEN:
AB
(a child by CD his litigation friend)
-v-
EAST LANCASHIRE HOSPITALS
NHS TRUST
ANONYMITY ORDER
BEFORE His Honour Judge Sephton QC sitting as a Judge of the High Court at Manchester Civil Justice Centre on 14th April 2022
UPON HEARING Leading Counsel (Mr Christopher Kennedy QC) and Junior Counsel (Mr Joseph Mulderig) on behalf of the Claimant and Leading Counsel (Ms Sarah Vaughan Jones QC) on behalf of the Defendant
AND UPON it being recorded that no representations were made by a member of the Press and the Defendant indicating its neutrality to the making of the Order
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
AND PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1988 and CPR Rules 5.4A to 5.4D and CPR Rule 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) 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) 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.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) 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 and the Litigation Friend as parties 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 (other names, addresses, or other specific combination of facts) that could lead to the identification of AB 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 reffered to as “AB”.
(ii) The Litigation Friend shall be reffered to as “CD”.
(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.
4. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly annonymised as directed) without the permission of the Court. Any application for such permission must be made on at least 7 days’ notice to the Claimant and his solicitor or deputy and in accordance with CPR Rule 5.4C(6).
5. The Court file shall be clearly marked with the words “An anonymity Order was made in this case on 14th April 2022 and any application by a non-party to inspect or obtain a copy document from this file must be deat with in accordance with the terms of that Order”.
6. Any interested party, whether a party or not to the proceedings, affected by this Order may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant and the Claimant’s solicitor 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 16th 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.