ABC -v- Basildon & Thurrock University Hospitals NHS Foundation Trust (anonymity order)
Claim No QB-2018-000296
In the High Court of Justice
Queen’s Bench Division
25 January 2021
Before:
Mrs Justice Steyn
Between:
ABC (A child by her mother and litigation friend DEF)
-v-
Basildon & Thurrock University Hospitals NHS Foundation Trust
ORDER FOR ANONYMITY
BEFORE MRS JUSTICE STEYN SITTING REMOTELY IN THE ROYAL COURTS OF JUSTICE ON 25 January 2021
UPON HEARING Mr Henry Witcomb of her Majesty’s Counsel, on behalf of the Claimant and Mr Paul Rees of her 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 Defendants’ 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 19 October 2018
AND WHEREAS the Claimant brings the Claim by her Mother and Litigation Friend, DEF
AND UPON the Court having read the approval advice of Henry Witcomb Q.C. and the approval bundle
AND UPON the Claimant’s application for anonymity
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 in order to protect the interests of the Claimant
AND UPON 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 rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
IT IS ORDERED THAT:
1. The identity of the Claimant in these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or her Litigation Friend in relation to their involvement in these proceedings.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “ABC”
(ii) The Litigation Friend shall be referred to as “DEF”
(iii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
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 Claimant’s Solicitor or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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 Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
7. The provisions of this Order shall not apply:-
(a) 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;
(b) To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt of such money; or
(c) To the records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
8. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimant or her litigation friend 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 internal documentation which identifies the Claimant and the litigation friend for the purposes of their continuing rights and obligations under the settlement orders in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
9. The Defendant do pay the Claimant’s costs of and occasioned by this Application forthwith on the standard basis, such costs to be assessed by way of detailed assessment if not agreed.