ERC and DJC (interested party) -v- East and North Hertfordshire NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2022-002158

In the High Court of Justice
King’s Bench Division

27 January 2023

Before:
Master Cook

Between:
ERC
(A Child And Protected Party, By Her
Father And Litigation Friend,
DJC)
-v-
East and North Hertfordshire NHS Trust

Anonymity Order

UPON the Application of Claimant

AND UPON consideration of Article 8 right to respect for 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 to protect her interests

AND UPON the Defendant indicating its neutrality to the making of the order and there being no representations from any interested party

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED THAT:

  1. The identity of the Claimant in these proceedings is confidential and shall not be published. For this purpose:
    (i) ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public.
    (ii) publication of any name, address, picture, or other information that could lead to identification of ERC as the Claimant or DJC as the Litigation Friend in these proceedings is prohibited.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant or her Litigation Friend, or of the Claimant’s immediate family, or any details that could lead to the identification ERC as the Claimant or DJC as the Litigation Friend in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  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 “ERC”
    (ii) The Litigation Friend shall be referred to as “DJC”
    (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 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above; and the Claimant’s Solicitors shall provide copies of the anonymised versions for the court file.
    (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 Solicitors.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 January 2023 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 Solicitors, and that 7 days’ prior notice of the intention to make such an application is given.
  7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):-
    (i) Communications between the Court Funds Office and the anonymised parties or representatives in relation to the payment of money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment of payment out of such money.
    (ii) Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money.
    (iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the child’s money
    (iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
    (v) Communications between the Defendant, its insurers or its insurers’ successors in title and their legal and professional advisers, the Compensation Recovery Unit of the Department for Work & Pensions, and HM Revenue & Customs (or its successor) or any other person required by law.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 April 2019 a copy of this Order in its anonymised form shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose a court officer will send a copy of the anonymised order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  9. Costs in the case.

EXPLANATORY NOTE

The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
i. Communications between the Court Funds Office and the anonymised party 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.
ii. Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
iii. Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
iv. Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
v. Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
vi. Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
vii. Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
viii. Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.