ABM -v- Mersey and West Lancashire Teaching Hospitals NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: A90MA345

In the High Court of Justice
King’s Bench Division
Manchester District Registry

16 April 2024

Before:
His Honour Judge Bever

Between:

ABM (By his litigation friend CDM)

-v-

Mersey and West Lancashire Teaching Hospitals NHS Trust

Anonymity Order

UPON hearing Christopher Melton KC on behalf of the Claimant and Paul Rees KC on behalf of the Defendant

AND UPON the Claimant and the Defendant having agreed, and the Court having approved, the terms set out in the Approval Order of even date

AND UPON
(1) Consideration of the Article 8 rights of the Claimant 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 and the Litigation Friend is necessary to secure the proper administration of justice and 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 The identities of the Claimant and the Litigation Friend to these proceedings are protected and shall not be published.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 or email address of the Claimant, or the Claimant’s litigation friend, or any details that could lead to the identification of the Claimant. The Claimant and the Claimant’s Litigation Friend shall be referred to as set out in 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 Judgement or Order in the proceedings in relation thereto:
    (1) The Claimant shall be referred to as “ABM”
    (2) The Litigation Friend shall be referred to as “CDM”
    (3) Any other details liable to lead to the identification of the Claimant and/or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
  4. In so far as is 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.
  5. The unredacted original of any such document disclosing the name or address of the Claimant or of the Litigation Friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a District Judge of the Manchester District Registry”.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 March 2024 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. Pursuant to CPR Rules 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.
    (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 Solicitors and the Court will effect service.
  8. 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 solicitors and that at least 7 days’ prior notice of the intention to make such an application is given.
  9. The provisions of this Order shall not prohibit disclosure of the Claimant’s name, address or any other information tending to identify him in communications between the Defendant or the National Health Service Litigation Authority or their successors in title and their legal and professional advisers, HM Revenue & Customs (or its successor), the Compensation Recovery Unit or any other person required by law. Nor shall its provisions prohibit disclosure by them of any information relating to the Defendant.
  10. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2029 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office.