CXM -v- East Sussex Healthcare NHS Trust

High CourtKing's Bench DivisionOrder

Claim Number: KB-2024-002207

In the High Court of Justice
King’s Bench Division

3 September 2024

Before:
Master Fontaine
Sitting in Retirement

Between:

CXM
(by her Mother and Litigation Friend WXM)

-v-

East Sussex Healthcare NHS Trust

Order

WHERAS the Claimant, born on 28 October 1978, currently aged 45, has made a claim by her Litigation Friend (“the claim”) against the Defendant for personal injury suffered arising out of the Defendant’s negligence on 11th April 2013.

AND UPON issuing of a Part 8 Claim Form dated 24th June 2024 asking the Court to enter Judgement pursuant to CPR 14.1(1)(2)(a).

AND BY CONSENT and with the approval of the Court pursuant to CPR 21.10.

AND UPON the application notice dated 5th August 2024:
(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.

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.

IT IS ORDERED BY CONSENT THAT:

  1. Judgment be entered for the Claimant with damages to be assessed on the basis that, but for the Defendant’s admitted negligence, the Claimant would have avoided the choking incident on 11th April 2013 and consequential losses. For the avoidance of doubt, the extent of injuries and quantification of consequential losses is to be assessed and to be determined at trial or by agreement.
  2. The Court approves the agreed sum of £50,000 by way of interim payment of damages to the Claimant to be expended by the Claimant to fund the Claimant’s immediate and continuing care and treatment needs to be held on the Gaby Hardwicke Deputyship Account and be expended for the Claimant’s best interests.
  3. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  4. 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.
  5. 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 “CXM”.
    (ii) The Litigation Friend shall be referred to as “WXM”.
    (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.
  6. 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.
  7. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 30th September and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  8. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 3rd September 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.”
  9. 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.
  10. 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.
  11. The claim be stayed until 30th September 2025
  12. The costs of obtaining this order be costs in the Case

Dated this 3rd day of September 2024