HIJ and KLM (interested party) -v- Newcastle-Upon-Tyne Hospitals NHS Foundation Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: QB-2020-003523
In The High Court of Justice
King’s Bench Division
16 January 2023
HIJ (By his Mother and Litigation Friend, KLM)
Newcastle-Upon-Tyne Hospitals NHS Foundation Trust
BEFORE The Honourable Mr Justice Soole at an Approval Hearing in the Royal Courts of Justice on the 16th January 2023
UPON HEARING Mr Christopher Johnston KC, on behalf of the Claimant, and Ms Margaret Bowron KC, on behalf of the Defendant
(1) Consideration of the Article 8 rights of the Claimant and the Litigation Friend 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 the Litigation Friend 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.
AND PURSUANT to section 6 of the Human Rights Act 1998; section11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of HIJ as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- 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 “HIJ”.
(ii) The Litigation Friend shall be referred to as “KLM”.
(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
- Pursuant to CPR Rules 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.
(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 solicitor, trustee or deputy.
- The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4 pm on 13th February 2023, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16th 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.”
- Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or his Litigation Friend by name the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and his Litigation Friend for the purposes of their continuing rights and obligations in relation to dealing with this claim and paragraphs 1 to 4 shall not apply in those respects.
- The provisions of this Order shall not apply to communications between the Claimant and his mother and his 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 assessments of damages and/or costs.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
- Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order 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 order by email to the Judicial Office at firstname.lastname@example.org
- The Defendant to pay the costs of obtaining this order.
DATED 16th January 2023
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”. Setout 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
(iv) institution concerned as to the receipt or investment of the Claimant’s money.
(v) 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.
(vi) 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.
(vii) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(viii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(ix) 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.
Dated this 16th day of January 2023