ABC, GHI (by their Mother and Litigation Friend, JKL) -v- Essex Partnership University NHS Foundation Trust (anonymity order)
Claim No: QB-2021-003480
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/01/2022
Before:
Master Thornett
Between:
(1) ABC (on their own behalf and on behalf of the
Dependants of DEF (Deceased))
(2) GHI (by their Mother and Litigation Friend,
JKL)
-v-
Essex Partnership University NHS Foundation Trust
ORDER
UPON HEARING considering the proposed approval under CPR 21 and
application for anonymity without a hearing
WHEREAS the Claimants have made a claim (the “Claim”) against the
Defendant for pursuant to the Fatal Accidents Act 1976 in respect of the death
of DEF (Deceased) on 28 August 2016,
AND WHEREAS no interim payments on account of damages or costs have
been paid,
AND UPON the parties having agreed settlement of the Claim proposed in the
terms set out in this Order,
AND UPON
(i) The Deceased’s dependants having agreed as to the appropriate
apportionment of the settlement sum, subject to the Court’s approval
insofar as it affects the Second Claimant,
(ii) The Court reading the Approval Bundle and the Confidential Advice
from Counsel for the Claimant dated 15 December 2021;
(iii) The Court approving pursuant to CPR Part 21 the settlement sum
due to the Second Claimant, as per the agreed proposed
apportionment;
(iv) Consideration of the Second Claimant’s Article 8 rights to respect for
private and family life, and the Article 10 right to freedom of
expression;
(v) It appearing that non-disclosure of the identity of the Claimants is
necessary in order to protect the interests of the Second Claimant;
(vi) 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 CPR
rules 5.4C, 5.4D and 39.2(4)
IT IS ORDERED that:
1. The identity of the Claimants in 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shall not be published.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 the name or address of the Claimants, or
any details that could lead to their identification. The Claimants 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:
(1) The First Claimant shall be referred to as “ABC”
(2) The Deceased shall be referred to as “DEF”
(3) The Second Claimant shall be referred to as “GHI”
(4) The Second Claimant’s Litigation Friend shall be referred to as
“JKL”
4. Pursuant to CPR Rules 5.4C and 5.4D:
(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 subparagraphs 3(1) to (3) above.
(ii) 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 Claimants’ Solicitor.
5. The Court file shall be clearly marked with the words “An anonymity
order was made in this case on 14 January 2022 and any application
by a non-party to inspect or obtain an copy document from this file
must be dealt with in accordance with the terms of that Order.”
6. 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 Claimants’ Solicitor, and that
7 days’ prior notice of the intention to make such an application is
given.
7. All further proceedings in the Claim are stayed, except for the purpose
of implementing the terms of this Order, for which purpose there be
permission for the parties to apply.
8. Upon payment by the Defendant of the sums and costs referred to in this
Order, and payment of any interest due thereon, the Defendant be
discharged from all further liability in respect of each and every claim
made by the Claimants against the Defendant.
9. The Defendant do pay the following sums gross of recoupable benefits
in respect of damages, and to include any interest thereon to the period
ending 28 days after the date of this Order:
a. £40,000 (forty thousand pounds) to the First Claimant;
b. £50,000 (fifty thousand pounds) to the Second Claimant.
The Defendant do pay the Claimants’ reasonable costs of their claim