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CH, WJM, AE -v- GB Anonymity Order CPR r.39.2(5)

|High Court|Anonymity Order

QB- 2018-000368

High Court of Justice

Queen’s Bench Division

Before:

Master Eastman

Between:

CH

WJM

AE

-v-

GB


ORDER

BEFORE Master Eastman, sitting in room E116 in the Royal Courts of Justice on 22 October 2019

UPON HEARING James Bell, Counsel for the Claimant and the Defendant not attending or being represented

WHEREAS the Claimant has made a claim against the Defendant for the death of AM on 20th January 2016 arising out of the Defendant’s negligence and in respect of which proceedings were commenced by the Claimant in the High Court of Justice Queen’s Bench Division on 6th December 2018

AND UPON the Court considering the Advice of James Bell dated 15th October 2019

AND UPON the Claimant and the Defendant having agreed in full and final settlement of the Claim the terms set forth herein:

AND UPON the Court being satisfied that a lump sum is the more appropriate form for all of any award of damages

AND UPON the Parties having agreed in full and final settlement of the claim that the Defendant shall pay to the Claimant a gross lump sum of £610,000, credit being given for interim payments of £32,943 and with there being no relevant deductible State benefits

AND UPON the Court recording that TE is the Litigation Friend of AE and her presence at the approval hearing having been excused and upon the Court considering her witness statement dated 16th September 2019

AND UPON the Claimant through her solicitor having undertaken to the Court that she will not institute any further proceedings against the Defendant in connection with the claim save by way of enforcement of this Order

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 pursuant to rule 39.2(4) of the Civil Procedure Rules and section ll of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules

AND UPON a copy of this Order being published on the website of the Judiciary of England and Wales

The Court approved the following terms of settlement and made them an Order of the Court

BY CONSENT IT IS ORDERED AND APPROVED that:

  1. That the identity of the Claimant and of the Deceased shall not be disclosed.

2. That the Claimant, the Deceased and the Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “CH”, “AM”, “GB”, “WIM”, “AE” and “TE”,

3. That the address of the Claimant and the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.

4. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Judge, Master or District Judge. Any application for such permission or to set aside the anonymity Order must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.

5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Deceased. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name of the Deceased is prohibited.

6. The provisions of this Order shall not apply;

i. To communications between the Court Funds Office and the Claimant or TE, acting respectively as the Litigation Friend for WIM and AE, the child Dependants of the Deceased in relation to the payment of money into the Court Funds Office for the benefit of the children or the investment or treatment of payment out of such money;

ii. To communications between the Court Funds Office and/or the Claimant or TE, acting respectively as the Litigation Friend for WM and AE, the child Dependants of the Deceased and any financial institution concerned as to the receipt or investment of such money, or

iii. To records kept by the Court Funds Office, the Claimant, TE, acting respectively as the Litigation Friend for WJM and AE, or any such financial institution in relation to such money.

7. There be judgment for the Claimant against the Defendant in the gross sum of £610,000 by way of immediate damages.

8. The balance of the lump sum, being (£610,000 minus interim payments of £32,943) £577,057 is to be apportioned and approval given pursuant to Parts 21.10 and 21.11 of the Civil Procedure Rules as follows:

  1. £497,593.87 to CH, the Claimant, such sum to be paid by the Defendant to the Claimant’s solicitors by 4pm on 12th November 2019;
  2. £62,500 to WJM such sum to be paid into Court by the Defendant by 4pm on 12th November 2019 and to be invested by the Court Funds Office as directed by the Court;
  3. £16,963.13 to AE such sum to be paid into Court by the Defendant by 4pm on 12th November 2019 and to be invested by the Court Funds Office as directed by the Court.

9. The Defendant do pay the Claimant’s costs of the action on the standard basis to be the subject of a detailed assessment if not agreed.

10. The Defendant do pay the sum of £50,000 to the Claimant’s solicitors on account of the Claimant’s costs by 4pm on 12th November 2019.

11. Upon payment of the above sums in respect of damages and costs, the Defendant shall be discharged from any further liability in respect of all claims made by the Claimant against them in these proceedings.

12. Permission to the Claimant and the Defendant to restore with regard to implementation of the terms of the order only.

Dated this 22nd day of October 2019

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