FFF -v- Pennine Acute Hospitals NHS Trust (anonymity order)
Claim No: QB-2021-MAN-000002
In the High Court of Justice
Queen’s Bench Division
Manchester District Registry
30 August 2022
Before:
His Honour Judge Sephton QC
Between:
FFF
(By his mother and Litigation Friend GGG)
-v-
Pennine Acute Hospitals NHS Trust
Order
BEFORE His Honour Judge Sephton QC sitting as a judge of the High Court
ON 30 August 2022
UPON HEARING Timothy Ryder, Counsel, on behalf of the Claimant and Monia Sood, Solicitor, on behalf of the Defendant
AND UPON consideration of the claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
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 5.40 and CPR Rule 39.2:
1. The Claimant and his mother shall hereinafter be referred to in these proceedings respectively as ‘FFF’ (the Claimant) and ‘GGG’ (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 his mother or any details leading to the identification of the Claimant or his mother, and if referred to, they shall only be referred to as ‘FFF’ and ‘GGG’.
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 his mother are referred to only as FFF and GGG.
(b) The address of the Claimant and his mother has been deleted from those documents.
(c) There has been redacted any information which might identify the Claimant or his 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 his mother.
5. The provisions of this Order shall not apply to communications between the Claimant or his mother and her solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant or his mother in order to comply with the terms of the settlement agreement or to any communication between the parties and/ or documents which it is necessary to serve and/ or file in relation to the assessment of 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.