EMP -v- Leeds Teaching Hospital NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: QB-2020-001559

In the High Court of Justice
King’s Bench Division

9 November 2022

Before
His Honour Judge Pearce

Between:
EMP (By her mother and litigation friend AMT)
-v-
Leeds Teaching Hospital NHS Trust

Before His Honour Judge Pearce sitting as a Judge of the High Court in Court 20 on 9th November 2022;
Whereas the Claimant brings a claim against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged negligence in the period 2001 – 2002 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court by way of CPR Part 7 proceedings on 1st May 2020;
And Whereas the Claimant is a protected party born on 18th November 2000 and brings the claim by her Mother and Litigation Friend, Michelle Elliott;
And Upon hearing from Adam Korn, Counsel for the Claimant, and Angus McCullough KC for the Defendant;
And 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;

Order

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 The identity of the Claimant in these proceedings is protected and shall not be published.
  2. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Claimant shall be referred to as “EMP”
    b. The Claimant’s Litigation Friend shall be referred to as “AMT”
  3. Pursuant to CPR Rule 39.2 (4) there shall not be disclosed in any report of the proceedings the names or address of the Claimant or the Claimant’s Litigation Friend or any details leading to the identification of the Claimant and the Claimant’s Litigation Friend. The Claimant and the Claimant’s Litigation Friend, if referred to, shall only be referred to as “EMP” and “AMT”.
  4. Pursuant to CPR Rule 5.4C and 5.4D:
    a. A person who is not a party to the proceedings may obtain a copy of the 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 paragraph 2 above.
    b. If the person who is not a party to the proceedings applies (pursuant to CPR r5.4C(1B) or (2)) for permission to inspect or obtain a copy of any 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 9th November 2022 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.”
  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. Nothing in paragraphs 1-6 above shall prohibit the Defendant or its insurers from disclosing the Claimant’s name, address or any information to identify him to their reinsurers, legal and professional advisors or to HM Revenue and Customs or any other person required by law.
  8. 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 the Claimant’s Litigation Friend.