CJD -v- Dr Pavanveer Singh Heer (anonymity order)
Claim number: QB-2021-BHM-000043
In the High Court of Justice
King’s Bench Division
Birmingham District Registry
28 May 2024
Before:
The Honourable Mr Justice Ritchie
Between:
CJD (A Protected Party by his Litigation Friend RXH)
-v-
Dr Pavanveer Singh Heer
Order
BEFORE The Honourable Mr Justice Ritchie sitting in the Birmingham District Registry on 17th May 2024.
UPON HEARING Henry Witcomb one of His Majesty’s Counsel, on behalf of the Claimant and Jasmine Chan of Counsel, behalf of the Defendant.
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries in or about October 2014 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, King’s Bench Division on 2nd November 2021.
AND WHEREAS the Claimant is a Protected Party and brings the Claim by his Mother and Litigation Friend, RXH.
AND UPON READING the Advice from Counsel for the Claimant dated May 2024.
AND UPON the Court being satisfied that:
(a) The Order set out below is agreed by the Claimant and the Defendant as being the preferred Order that should apply.
(b) The form of the Order is that which best meets the Claimant’s needs and CPR 21 and 41 have been complied with.
AND UPON the Court noting that Joint Deputies have been appointed for the Claimant.
AND UPON the parties having agreed in full and final settlement of the claim the terms set out in the confidential Schedule annexed hereto.
AND UPON the Court having approved the terms of this Order and the Schedule annexed to this Order.
NOW BY CONSENT IT IS ORDERED THAT:
1. The claimant is given permission to amend the Claim Form under CPR17.1(2) to amend the Claimant’s name as set out in the Anonymity Order made this day.
2. These proceedings shall be stayed, save that there be liberty to either party to apply for the purpose of carrying the said terms into effect.
3. The Defendant shall pay the Claimant’s reasonable costs of the action on the standard basis subject to detailed assessment if not agreed. The Court notes that the Claimant’s solicitors have waived any recovery of unrecovered costs, and that there is no need for a solicitor/own client assessment of costs.
4. Upon payment of the damages, interest and costs referred to above by the Defendant, the Defendant shall be discharged from any liability in respect of all claims made by the Claimant.
Order
BEFORE The Honourable Mr Justice Ritchie sitting in the Birmingham District Registry on 17th May 2024.
UPON HEARING Henry Witcomb one of His Majesty’s Counsel, on behalf of the Claimant and Jasmine Chan counsel on behalf of the Defendant.
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 is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(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.
(4) There being no representations from the media.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D
and 39.2(4)
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
NOW IT IS ORDERED THAT:
1. The identities of the Claimant as a party to these proceedings and of the litigation friend are confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant 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:
(i) The Claimant shall be referred to as “CJD”.
(ii) The Litigation Friend shall be referred to as “RXH”.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their 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 not obtain a copy of a
statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) 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, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 17th May 2024 and any application by a non-party to inspect or obtain a copy document from the digital and paper files 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, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 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
at judicialwebupdates@judiciary.uk
8. There be no order as to the costs of obtaining this order.