Case Number: H90MA013
In the High Court of Justice
King’s Bench Division
2 August 2023
His Honour Judge Sephton KC
Master CIF (A Child Suing By His Lit Friend OCN)
(1) Wrightington Wigan & Leigh Teaching
(2) Hospitals NHS Foundation Trust
WARNING: You must comply with the terms imposed upon you by this Order. Otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make a formal Application to the Court before any deadline imposed upon you expires.
Before His Honour Judge Sephton KC sitting as a Judge of the High Court at Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ.
AND UPON HEARING Christopher Melton KC, on behalf of the Claimant and Jasmine Chan of Counsel on behalf of the Defendant
AND UPON the Court acknowledging the existence of the stay of proceedings until February 28th 2024
(1) Consideration of the Claimant’s Article 8 rights 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 is necessary in order 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 CPR rules 5.4C, 5.4D and 39.2(4)
IT IS ORDERED THAT:
- The identity of the Claimant in these proceedings is protected and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of the Claimant. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to CJF
(2) The Litigation Friend shall be referred to as OCN
(3) 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.
- 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.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26th July2023 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.”
- 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.
- A copy of this order shall be published on the Judicial Website.
- This order is mandatory. Breach of any part of this order may give rise to contempt proceedings. Even if an application has been made to vary or discharge any part of the order, the order must be complied with unless or until varied or discharged.
- Costs in the proceedings.
Dated 26 July 2023