Claim No: QB-2019-001022
The High Court, Queen’s Bench Division
1 October 2021
(By their sister and litigation friend, HIJ)
Bedfordshire Hospitals NHS Foundation Trust
(Sued as Luton & Dunstable University Hospital NHS Foundation Trust)
Mr Justice Martin Spencer
UPON HEARING Sarah Lambert QC on behalf of the Claimant and Nadia Whittaker on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 12.03.2020
AND WHEREAS the Claimant is a Protected Party and brings the Claim by her sister and Litigation Friend
AND UPON READING the Advice from Leading counsel for the Claimants dated 26 July 2021
(a) Consideration of the Claimants’ Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression
(b) The Defendants indicating their 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 CPR rules 5.4C, 5.4D and 39.2(4)
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimant is likely to unfairly damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited
IT IS ORDERED THAT:
1. Pursuant to Section 6 of the Human Rights Act 1988 and CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and her Litigation Friend, if referred to, shall only be referred to as “EFG” and “HIJ” respectively.
2. Pursuant to CPR Rule 5.4B to 5.4D, a person who is not a party to the proceedings may inspect and/or obtain a copy of the Statement of Case, Judgment or Order from the Court record only if the Statement of Case, Judgment or Order has been anonymised such that:
(a) The Claimant and her litigation friend are referred to in those documents as “EFG” and “HIJ” respectively
(b) The address of the Claimant has been deleted from those documents
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.
3. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16 July 2021 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.”
4. 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 Claimants’ Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given
5. The provisions of this Order shall not apply to:
(a) communications between the Court Funds Office, the Court of Protection, the anonymised party or Litigation Friend, the Deputy appointed to administer the funds of EFG in relation to the payment of money into the Court Funds Office for the benefit of the anonymized party, or the investment or treatment or payment out of such money;
(b) communications between the Court Funds Office, the Court of Protection, the anonymised party or Litigation Friend, the Deputy appointed to administer the funds of EFG and any financial institution concerned as to the receipt or investment of such money;
(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.
6. Provided that the parties and/or their advisers do not publish any documents containing references to the Claimants 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 Claimants 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.
7. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
8. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as EFG and the Litigation Friend referred to as HIJ.
9. Costs in the case, such costs to be assessed by way of detailed assessment if not agreed.