CM -v- v-  Northern Devon Healthcare NHS Trust (anonymity)

Anonymity Order

Claim No.: QB-2020-004105

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

24 November 2020

Before:
Master Cook
Between:
MASTER CM (A MINOR THROUGH HIS MTHER AND LITIGATION FRIEND, MS GJ
– v-
Northern Devon Healthcare NHS Trust

UPON READING the Claimant’s application for Judgement and approval of an interim payment.
IT IS HEREBY ORDERED

  1. On the issue of liability relating to the left sided brachial plexus injury

suffered by the Claimant at the time of his birth on 22 December 2015,

Judgement be entered for the Claimant with Condition and Prognosis and

damages to be assessed.

  1. The service of Particulars of Claim, Schedule of Financial Losses and a

Medical Report is dispensed with.

  1. There be no requirement for the Defendant to file a Defence with the

Court.

  1. The Court do approve, pursuant to CPR Part 21.10, a payment on account of

damages already made direct to the Claimant’s solicitors in the sum of

£30,000 of which £15,000 is to be paid to the Claimant’s mother in respect

of gratuitous care provided to date with the additional £15,000 to be used

to meet the Claimant’s immediate needs.

  1. Pursuant to Civil Procedure Rule 21, Practice Direction 8.1 (2) the Court authorises the

expenditure of the interim payment sum for the Claimant’s immediate benefit towards

the costs of (not necessarily agreed by the Defendant at this stage) gratuitous care,

professional care, case management, accommodation, adaptations and provision for

transport costs, procurement of equipment, therapy programmes and general expenses

as may be advised by treating therapists and/or a Case Manager.

  1. Pursuant to Parts 5.4C(4) and 39.2(4) of the CPR 1998:

(i) The identity of the Claimant must not be disclosed, and the Claimant shall be

referred to as ‘CM’ and the Litigation Friend as ‘GJ’;

(ii) A non-party may not obtain a copy of the Statement of Case under CPR Part

5.4C(1). As the Court is satisfied that such an Order is necessary to protect the

interests of the Claimant and his family and there is no countervailing public

interest in disclosure.

(iii) Reporting restrictions apply as to the disclosing of any information

that may lead to the subsequent identification of the parties.

  1. The Defendant do pay the Claimant’s reasonable costs of the claim in

respect of

Liability up to the date of Judgement, to be assessed on the standard basis

forthwith in default of agreement.

  1. The Defendant has already made a payment on account of costs in establishing liability,

to the Claimant’s solicitors in the sum of £25,000.

  1. The costs of issuing the claim and of this Application shall form part of the costs of

establishing liability to be assessed in accordance with paragraph 7 of this Order.

  1. Thereafter the case be stayed until 2 January 2024.