ABC and others -v- Worcestershire County Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2021-003824

In the High Court of Justice
King’s Bench Division

24 October 2022

Before:
Master Thornett

Between:

(1) ABC
(Acting via Her Litigation Friend, Mr Chris Spencer)
(2) DEF
(Acting via His Litigation Friend, Mr Chris Spencer)
(3) GHI
(Acting via His Litigation Friend, Mr Chris Spencer)
-v-
Worcestershire County Council

Approval Order

UPON hearing Counsel, Iain O’Donnell, and the solicitor, Gary Walker, for the Claimants

AND UPON the Claimants’ oral application to amend the Claim Form to replace The Official Solicitor as their litigation friend with Mr Chris Spencer, Director of Children’s Services at Gloucestershire County Council

AND UPON the Court noting the contents of the Certificates of Suitability signed by Mr Chris Spencer on behalf of each of the Claimants and dated 16 August 2022

AND UPON each of the Claimants accepting the Defendant’s Part 36 offers

AND UPON the Gloucestershire County Council confirming that, pursuant to this order discharging the Official Solicitor as the Litigation Friend, Mr Chris Spencer, Director of Gloucestershire County Council and any of his successors in title will act as Litigation Friend for the purposes of the management of the agreed settlements

AND UPON the Claimants’ solicitor undertaking to CE-file with the court signed copies of the Claimants’ Certificates of Suitability dated 16 August 2022 by no later than 4pm on 24 October 2022

AND UPON the Court reading the Confidential Advice of Counsel for the Claimants, Iain O’Donnell, dated 28 September 2021

AND UPON the Court having approved the terms of this Order as being in the best interests of the Claimants pursuant to CPR Part 21

AND UPON the Claimants’ solicitors undertaking, in relation to paragraph 5 below, not to include in its bill of costs any of the costs of and associated with the correspondence with the court in the period from 21 March 2022 to 19 October 2022

IT IS ORDERED THAT:

  1. The Claimants have permission to amend the Claim Form and then CE-file the amended and anonymised version with the court by no later than 4pm on 24 October 2022 and thereafter does serve a copy of the same on the Defendant by no later than 4pm on 24 November 2022 (unless the Defendant consents to such service being dispensed with).
  2. The agreed settlements are approved as follows:
    (a) The First Claimant may accept the sum of £5,000 in satisfaction of her claim.
    (b) The Second Claimant may accept the sum of £2,500 in satisfaction of his claim.
    (c) The Third Claimant may accept the sum of £1,000 in satisfaction of his claim.
  1. The Defendant shall pay the following sums by no later than 21 days from the date of the Claimants’ solicitor providing the Defendant with a sealed copy of this Order:
    (a) £5,000 into the Court Funds Office in respect of the first Claimant.
    (b) £2,500 into the Court Funds Office in respect of the second Claimant.
    (c) £1,000 into the Court Fund Office in respect of the third Claimant.
  2. The Court Funds Office shall invest and accumulate the said sums in the Special Investment Account, subject to a first charge under s.16(6) of the Legal Aid Act 1988 in favour of the Legal Aid Agency, the said sums to remain in the Special Investment Account pending any further order, and then be paid to each of the Claimants upon each of them reaching their 18th birthdays.
  3. The Defendant do pay the Claimants’ costs of the action, including the costs of and incidental to this Order, to be assessed on the standard basis if not agreed. Interest shall run from the date of this order.
  4. The Defendant do pay the Claimants’ solicitors within 28 days of the date of this Order the sum of £20,000 by way of an interim payment on account of the Claimants’ costs.
  5. The Claimants’ costs be further assessed in accordance with Regulation 107 of the Civil Legal Aid (General) Regulations 1989 and subsequent regulations made under it, as required.
  6. Upon payment of the sums and costs referred to herein, the Defendant be discharged from further liability in respect of all claims made by the Claimant in these proceedings.
  7. All further proceedings be stayed except that either party has permission to apply to the court for the purpose of carrying this Order into effect.

IT IS FURTHER ORDERED THAT:

  1. Pursuant to CPR Rule 39.2 (4) there shall not be disclosed in any report of the proceedings the names or addresses of the Claimants or of the Claimants’ family or any details leading to the identification of the Claimants. The Claimants, if referred to, shall only be referred to as:
    (a) First Claimant – ABC
    (b) Second Claimant – DEF
    (c) Third Claimant – GHI
  1. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may only obtain a copy of a statement of case, judgment or order from the court records if that statement of case, judgment or order has been anonymised such that:
    (a) The Claimants are referred to in those documents only as ABC, DEF and GHI respectively; and
    (b) The addresses of each of the Claimants have been deleted from those documents.