EJH -v- GHI (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No. QB-2021-004363

In the High Court of Justice
King’s Bench Division

25 November 2024

Before:

Master Cook

Between:

EJH (A Protected Party by her Litigation Friend
 and mother LH)

-v-

GHI

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ANONYMITY ORDER

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BEFORE His Honour Judge Freedman sitting as a Judge of the High Court at the Royal Courts of Justice, Strand, London on 25th November 2024

UPON hearing Tim Meakin, Counsel on behalf of the Claimant and David Roderick Counsel for the Defendant.

WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by her arising out of the admitted Defendant’s negligence in or around the time of her birth (DOB: 21 March 1997) and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice on 26 November 2021

AND UPON Judgment, with respect to breach of duty only, being granted in favour of the Claimant on 31 January 2023

AND WHEREAS the Claimant is a Protected Party and brings the claim by her Mother and Litigation Friend, LH

AND UPON the basis of the orders below reflect the terms by which the parties have agreed and compromised the issues of causation and quantum which were in dispute

AND UPON the Court having read and considered the Advice from Counsel for the Claimant dated 1st November 2024

AND UPON the court having approved the terms of this Order pursuant to CPR 21.10 being satisfied that the proposed settlement is in the Claimant’s best interest, including appropriate consideration of whether to order a periodical payments order pursuant to the Damages Act 1996 (as amended)

AND UPON the Court approving the payment to the Litigation Friend as provided by this order, with the approval under CPR 21.12.

BY CONSENT IT IS ORDERED THAT:-

  1. The Trial of the action listed to commence on 25 November 2024 be vacated.
  2. (1) That the Defendant do pay the sum of £1,000,000.00 ( one million pounds) gross to the Claimant in full and final settlement of the Claim herein within 28 days of this Order. Cru is nil.
    (2) From the sum in paragraph 2(1) above, the Court approves a payment to the Litigation Friend in the sum of £99,166 in respect of care provided to the Claimant, pursuant to CPR 21.12.
    (3) The net sum payable to the Claimant is therefore £900,834 net.
  3. The Defendant do pay the said agreed damages of £1,000,000 gross to the Claimant’s solicitors, who shall then hold the said sum on the Claimant’s account until such time as a Deputy at the Court of Protection is appointed the said damages are to be held by the Claimant’s solicitors and released as and when necessary to meet the Claimant’s immediate needs and expenses or as otherwise directed by the Court. After a Deputy has been appointed the damages held by the Claimant’s solicitors shall be paid as follows:
    (1) £99,166 to the Litigation Friend absolutely.
    (2) The balance of £900,834 be transferred to the Claimant’s Deputyship account and used for the benefit of the Claimant.
  4. That the Defendant do pay the Claimant’s costs related to and arising from this action on the standard basis, such costs to be the subject of Detailed Assessment if not agreed and to be paid within 28 days of agreement or Assessment and in the meantime, the Defendant shall make an interim payment on account of costs to the Claimant’s solicitors, in the sum of £110,000 within 28 days from the date hereof.
  5. There be permission to have a Detailed Assessment of the Claimant’s costs in accordance with the Civil Legal Aid (Costs) Regulations 2013 or; as subject to any transitional and saving provisions as applicable with Regulation 107 of the Civil Legal Aid Act (General) Regulations 1989 as amended, Article 5 of the Access to Justice Act 1999 (Commencement Number 3) Order 2000, Article 4 of the Community Legal Services (Funding) Order 2000 and the Civil Legal Aid (General) (Amendment) Regulations 2000 as amended, save that in the event that the Claimant’s solicitors waive any claim to any further costs beyond those referred to above, they have permission to dispense with any Legal Aid Assessment.

PART 1 OF THE ORDER

AND UPON the Court being satisfied that an Order in the terms of paragraphs 6-9 below is necessary to protect the interests of the Claimant and that there is no countervailing public interest in disclosure.


IT IS ORDERED that;

There be permission to apply.

The Claimant and her Mother, (the Litigation Friend) shall hereinafter be referred to in these proceedings, respectively, as “EJH” and “LH” and the Defendant as “GHI”.

Pursuant to CPR Rule 39.2 (4) there shall not be disclosed in any report of the proceedings the name, or address of the Claimant, or her mother, (the Litigation Friend) or the Defendant. Nor shall there be disclosed any details leading to the identification of the Claimant, or her mother, or the Defendant. The Claimant and her mother (the Litigation Friend) , and the Defendant shall only be referred to as “EJH” and “LH” and “GHI”

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 (the Litigation Friend), are referred to in those documents only as “EJH” and “LH”, and the Defendant as “GHI” and (b) the addresses of the Claimant, and her mother, and the Defendant have been deleted from those documents.