HTR (a child, by his mother and Litigation Friend, LJR) -v- Nottingham University Hospitals NHS Trust (anonymity order)
Claim No QB-2019-003519
In the High Court of Justice
Queen’s Bench Division
Clinical Negligence
Date: 30/11/2021
Before:
Honourable Mr Justice Cotter
Between:
HTR
(a child, by his mother and Litigation Friend, LJR)
-v-
Nottingham University Hospitals NHS Trust
Anonymity and Prohibition of Publication Order with Defendant
Before the Honourable Mr Justice Cotter sitting remotely on 30th November 2021.
UPON HEARING Howard Elgot, Counsel for the Claimant and Dominic Nolan, one
of her Majesty’s Counsel, for the Defendant.
WHEREAS the Claimant is currently a minor and is unlikely to acquire capacity to
conduct proceedings and is therefore likely to remain a Protected Party within the
meaning of CPR rule 21.1(2)(d).
AND WHEREAS the Claimant has brought a claim by his mother and Litigation Friend
against the Defendant seeking damages for negligent medical treatment of his mother
resulting in personal injury suffered by him at his birth.
AND WHEREAS in that claim the Court has today given judgment in the Claimant’s
favour for damages to be assessed.
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.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and his
Litigation Friend is necessary in order to protect the interests of the Claimant.
AND UPON the Defendant having indicated its neutrality to the making of this Order
and [there being no representations from] [the Court having considered
representations from the press] or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 rule 39.2(4) of the Civil
Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C
and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:-
1. That the identity of the Claimant and of the Litigation Friend is protected and
shall not be published. Publication of any name, address, picture or other
information that could lead to the identification of the Claimant in these proceedings
or the Litigation Friend as the person acting on his behalf in these proceedings is
prohibited. “Publication” includes any speech, writing, broadcast or other
communication whatever form which is addressed to the public at large or any
section of the public.
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 the Claimant’s parents or
other family members or any details that could lead to the identification of any
such person or address. In any such report the Claimant shall be referred to only as
“HJR” and the Litigation Friend only as “LJR”.
3. Save as provided for in paragraph 8(v) below in all statements of case and other
documents filed in these proceedings the Claimant shall hereinafter be referred to
as HJR and his Litigation Friend as LJR. The address of the Claimant and of the
Litigation Friend be stated in all statements of case and other documents to be filed
or served in the proceedings hereafter as the address of the Claimant’s solicitors.
4. Pursuant to CPR rules 5.4C and 5.4D a person who is not a party to the
proceedings may not inspect or obtain a copy of any document on or from the
Court file (other than this Order duly anonymised as directed) without the
permission of a Judge, Master or District Judge of the Queen’s Bench Division.
Any application for such permission must be made in accordance with CPR rule
5.4(6) and on not less than 7 days’ notice to the Claimant’s solicitor or his Deputy,
and the Court will effect service.
5. The Court file shall be clearly marked with the following words: “An Anonymity
Order was made in this case by the Honourable Mr Justice Cotter on 30th
November 2021 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. The provisions of this Order shall not apply to the following which do not constitute
publication within the meaning of paragraph 1 above (provided always that proper
steps are taken to protect the confidentiality of the information which is the subject
of this Order): –
LEGAL52409578v
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(i) communications between the Court Funds Office and the
anonymised party 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;
(ii) communications between the Court Funds Office and/or the
anonymised party or Litigation Friend and any financial institution
concerned as to the receipt or investment of such money; or
(iii) records kept by the Court Funds Office or the anonymised party or
Litigation Friend or any such financial institution in relation to such
money.
(iv) Communication between the parties and/or their representatives
and/or their advisers necessary for the further conduct of this claim.
(v) Reference within the body of any report or witness statement
prepared for the purpose of these proceedings to the Claimant or his
family members by name.
(vi) Retention by the parties and/or their representatives and/or their
advisers of their unredacted files for the purposes of their continuing
functions and obligations in relation to the proceedings.
9. 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 notice to the Claimant’s solicitor or Deputy and that not less than 7 days’ prior
notice of the intention to make such an application is given.
10. 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
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 judicialwebupdates@judiciary.uk.
11. For the avoidance of doubt this Order is effective only from the date upon which it
is made.