ABC and DEF (interested party) -v- Swansea Bay University Local Health Board (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2016-001169

In the High Court of Justice
King’s Bench Division

12 December 2022

Before:
The Honourable Mrs Justice Foster DBE

Between:
ABC
(a protected party by her father and Litigation Friend, DEF)
-v-
Swansea Bay University Local Health Board

Order for Anonymity

BEFORE The Honourable Mrs Justice Foster DBE, sitting in the Royal Courts of Justice on the 12th of December 2022

UPON HEARING Lizanne Gumbel, one of His Majesty’s Counsel, on behalf of the Claimant and Andrew Post, one of His Majesty’s 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 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 30 July 2020

AND WHEREAS the Claimant is a protected party and brings the claim by her father 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, her Litigation Friend or any immediate family members, 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. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (a) The Claimant shall be referred to as “ABC”;
    (b) The Litigation Friend shall be referred to as “DEF”.
  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 12 December 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;
    (iv) communications for the purpose of obtaining medical care, advice or treatment for the anonymised party; or
    (v) to the Defendant so as to prevent it from disclosing the Claimant’s name, address or any other information tending to identify the Claimant to the Welsh Government and the Welsh Risk Pool and their legal and professional advisers or to HM Revenue & Customs (or its successor), the Compensation Recovery Unit or any other person required by law. Nor shall its provisions prohibit them from disclosing information relating to the Defendant.

Mrs Justice Foster DBE
Dated this 12th day of December 2022