JAC -v- University Hospitals of Derby and Burton NHS Foundation Trust (anonymity order)

Anonymity Order

Claim No: QB-2019-002249

In the High Court of Justice
Queen’s Bench Division

29 July 2021

 

Before:

The Honourable Mrs Justice Lambert

Between:

JAC (a child proceeding by his Father and Litigation Friend AAC)

-v-

University Hospitals of Derby and Burton NHS Foundation Trust

ORDER

BEFORE The Honourable Mrs Justice Lambert sitting in the High Court at the Royal Courts of Justice, Strand, London 29 July 2021.

Mrs Justice Lambert upon hearing by way of Microsoft Teams Christopher Johnston Leading Counsel on behalf of the Claimant and Pritesh Rathod, Counsel on behalf of the Defendant.

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s alleged negligence on 30 April 2015 in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 24 June 2019.

WHEREAS the Claimant brings the Claim by his Father and Litigation Friend, AAC

AND UPON the Court having read the confidential approval advice of Christopher Johnston QC dated 20 July 2021

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
  • 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 that there is no sufficient countervailing public interest in disclosure
  • 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, section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D 39.2(4) of the Civil Procedure Rules.

IT IS ORDERED:

  1. The identity of the Claimant is protected and shall not be published. For this purpose:
    – ‘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
    – publication of any name, address, picture, or other information that could lead to identification of JAC as the Claimant in these proceedings is prohibited.
  1. 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, the Claimant’s Litigation Friend or other immediate family members, or any details that could lead to the identification of JAC 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.

 

  1. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    – The Claimant shall be referred to as “JAC”
    – The Litigation Friend shall be referred to as “AAC”
    – Any other details liable to lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.

 

  1. 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 on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy, and the Court will effect service.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
  3. 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 Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  4. 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):
    – Communications between the Court Funds Office and the anonymised party, Litigation Friend or deputy 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
    – Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money
    – Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the Claimant’s money
    – 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
    – 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
    – Communications between the anonymised party’s representatives and advisers in managing that party’s affairs
    – Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
  1. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 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 sent a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
  2. The costs of obtaining this order be costs in the case.