AB1X -v- Great Western Hospitals NHS Foundation Trust (anonymity order)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
28 July 2021
THE HONOURABLE MR JUSTICE MURRAY
AB1X (a child suing by her mother and Litigation Friend, CD2Y)
GREAT WESTERN HOSPITALS NHS FOUNDATION TRUST
BEFORE THE HONOURABLE MR JUSTICE MURRAY sitting in the Royal Courts of Justice, Strand, London, WC2A 2LL on 29th July 2021
UPON HEARING Mr Darryl Allen, one of Her Majesty’s Counsel, on behalf of the Claimant and Mr Adrian Hopkins , one of Her Majesty’s Counsel, on behalf of the Defendant
WHEREAS the Claimant, who proceeds by her Litigation Friend, has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence
AND UPON the Claimant and the Defendant having agreed, in full and final settlement of the issues of breach of duty and causation, the terms set forth in the Approval Order of even date, which have been approved by the Court
(1) consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression;
(2) it appearing that non-disclosure of the identity of the Claimant, the Litigation Friend and the Claimant’s father is necessary in order to protect the interests of the Claimant;
(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;
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4)
IT IS ORDERED THAT:
1. The identities of the Claimant, the Litigation Friend and the Claimant’s father in these proceedings are protected and shall not be published.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 the name or address of the Claimant, or the Claimant’s Litigation Friend, or the Claimant’s father or any details that could lead to the identification of the Claimant.
The Claimant and the Litigation Friend and the Claimant’s father shall be referred to as set out at paragraph 3 of this anonymity Order.
3. In any report of these proceedings or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “AB1X”;
(ii) The Litigation Friend shall be referred to as “CD2Y”;
(iii) The Claimant’s father shall be referred to as “EF3Z”;
(iv) Any other details liable to lead to the identification of the Claimant and/or the Litigation Friend and the Claimant’s father (including any names of other family members or addresses) shall be redacted before publication.
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 redacting such name or address as above.
5. That the unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend or the Claimant’s father 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. Pursuant to CPR Rule 5.4C:
(i) a person who is not a party to the proceedings may obtain a copy of a statement of case, Judgment or Order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraphs 3 and 4 above; and
(ii) if a person who is not a party to the proceedings applies (pursuant to CPR Rules 5.4C (1B) or (2)) for permission to 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 and the Court will effect service.
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitor or Deputy and that at least 7 days’ prior notice of the intention to make such an application is given.
8. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant, or the Claimant’s Litigation Friend or the Claimant’s father by name the parties and/or their advisers be at liberty to retain their files in this case without alteration or substitution and to retain and generate inter partes correspondence and internal documentation which identifies the Claimant and the Claimant’s Litigation Friend and the Claimant’s father for the purposes of this action and paragraphs 1 to 3 above shall not apply in those respects.’