DDD -v- Mid & South Essex NHS Foundation Trust (anonymity order)
Claim No: QB-2021-002410
The High Court, Queen’s Bench Division
9 November 2021
Before:
Mrs Justice Steyn DBE
Between:
DDD
(by her Mother and Litigation Friend EEE)
-v-
Mid & South Essex NHS Foundation Trust
_______________________________________________
UPON HEARING Sarah Lambert, one of Her Majesty’s Counsel, on behalf of the
Claimant, and Margaret Bowron, one of Her Majesty’s Counsel, on behalf of the Defendant
WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for
personal injuries suffered by her arising out of the Defendant’s alleged negligence
and in respect of which proceedings were commenced by the Claimant against the
Defendant in the High Court of Justice, Queens Bench Division on 22 June 2021.
AND WHEREAS the Claimant brings the Claim by her Mother and Litigation Friend,
EEE
AND UPON the Court having read the approval advice of Sarah Lambert, Q.C and
the approval bundle
AND UPON the Claimant’s application for anonymity
AND UPON consideration of Claimant’s Article 8 right to respect for their 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
AND UPON 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 rules
5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
IT IS ORDERED THAT:
1. The identity of the Claimant in these proceedings is protected and shall not be
published.
2. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper
or other media or other disclosure of any name, address, image or other
information tending to identify the Claimant or her Litigation Friend in relation
to their involvement in these proceedings.
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 “DDD”
(ii) The Litigation Friend shall be referred to as “EEE”
(iii) 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.
4. 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(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 or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on [date of this Order] and any application by a non-party to
inspect or obtain an copy document from this file 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, 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.
7. The provisions of this Order shall not apply:-
(a) To communications between the Court Funds Office and the
anonymised party or Litigation Friend in relation to the payment of
money into the Court Funds Office for the benefit of the anonymised
party or the investment or treatment of payment out of such money;
(b) To communications between the Court Funds Office and/or the
anonymised party or Litigation Friend and any financial institution
concerned as to the receipt of such money; or
(c) To the records kept by the Court Funds Office or the anonymised
party or Litigation Friend or any such financial institution in relation to
such money.
8. Provided that the parties and/or their advisers do not publish any documents
containing references to the Claimant or her litigation friend by name the
parties and/or their advisers be at liberty to retain their files in this case
without alteration or substitution and to retain and generate internal
documentation which identifies the Claimant and the litigation friend for the
purposes of their continuing rights and obligations under the settlement orders
in this claim and paragraphs 1, 2 and 3 above shall not apply in those
respects.
9. The costs of and occasioned by this Application shall be costs in the case.
Dated the