FSA -v- Manchester University NHS Foundation Trust (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Clinical Negligence

Claim number: QB-2022-MAN-000160

In the High Court of Justice
King’s Bench Division
Manchester District Registry Office

Before:

His Honour Judge Bird
sitting as a Judge of the High Court

Between:

FSA
(a protected party by his mother
and Litigation Friend FAA)

-v-

Manchester University NHS Foundation Trust

Anonymity order

WARNING: You must comply with the terms imposed upon you by this Order. Otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make a formal Application to the Court before any deadline imposed upon you expires.

BEFORE His Honour Judge Bird sitting as a Judge of the High Court at the Manchester District Registry of the High Court on 9th December 2024

UPON HEARING Leading Counsel for the Claimant, Ms Sally Hatfield KC and Leading Counsel for the Defendant, Mr Richard Booth KC

AND UPON
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

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 5.4D and CPR Rule 39.2:

  1. That the identity of the Claimant be not disclosed.
  2. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “FSA”. Likewise, the Litigation Friend shall be referred to as “FAA” and the Claimant’s father as “FSB”.
  3. That the Claimant and the Litigation Friend described in all statements of case and other documents filed or served in the proceedings after the making of this Order and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “FSA”, “FAA” and “FSB” respectively.
  4. That the address of the Claimant and the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings after the making of this Order as the address of the Claimant’s solicitors.
  5. So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court in a sealed envelope marked: “not to be opened without the permission of a Judge or District Judge of the King’s Bench Division”.
  6. A non-party may not, without the permission of a District Judge, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimants’ immediate family is prohibited.
  8. The provisions of this Order shall not apply: –
    8.1. to communications between the Court Funds Office and the anonymised party, his
    Deputy or Litigation Friend 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.
    8.2. to communications between the Court Funds Office and/or the anonymised party,
    his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    8.3. to records kept by the Court Funds Office or the anonymised party, his Deputy or
    Litigation Friend or any such financial institution in relation to such money.
  9. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  10. 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 “FSA”, the Claimant’s Litigation Friend as “FAA” and the Claimant’s father as “FSB”.
  11. Costs in the case.

Dated 9 December 2024