DDD -v- Portsmouth Hospitals Trust (anonymity order)
CLINICAL NEGLIGENCE
CLAIM NO. QB-2019-004193
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
24 June 2021
BETWEEN:
DDD (A minor by her mother and litigation friend EEE)
-v-
PORTSMOUTH HOSPITALS NHS TRUST
BEFORE HER HONOUR JUDGE CARMEL WALL, sitting as a Judge of the High Court on 24 June 2021 At a remote video hearing
UPON HEARING John de Bono, one of Her Majesty’s Counsel, on behalf of the Claimant and David Evans, one of Her Majesty’s Counsel, on behalf of the Defendant WHEREAS pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
1. The Claimant and her mother shall hereinafter be referred to in these proceedings respectively as ‘DDD’ (the Claimant) and ‘EEE’ (the Claimant’s mother)
2. There shall not be disclosed in any report of the proceedings the names or address of the Claimant or of her mother or any details leading to the identification of the Claimant or her mother and if referred to, they shall only be referred to as ‘DDD’ and ‘EEE’
3. Pursuant to CPR Rule 5.4C 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 such that:-
(a) The Claimant and her mother are referred to only as DDD and EEE
(b) The address of the Claimant and her mother has been deleted from those documents.
(c) There has been redacted any information which might identify the Claimant or her mother.
4. There shall be no publication in any newspaper or other media or other disclosure of any name, address, picture or information tending to identify the Claimant or her mother.
5. The provisions of this Order shall not apply to communications between the assessment of damages and/or costs.
6. That NHS Resolution or any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.