JMH -v- Betsi Cadwaladr University Health Board (anonymity order)
Case Number: KB-2024-MAN-000003
In the High Court of Justice
King’s Bench Division
Manchester District Registry
25 July 2024
Before:
His Honour Judge Bird KC
Between:
JMH
((Administratrix of the Estate of JXS deceased,
and as the Litigation Friend of JMM,
the sole beneficiary of the Estate, a Dependant of the Deceased, and a Protected Party)
-v-
Betsi Cadwaladr University Health Board
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 KC sitting as a Judge of the High Court, King’s Bench Division, Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ on 25 January 2024
ANONYMITY ORDER
UPON HEARING Rhiannon Jones KC on behalf of the Claimant and Eva Ferguson, Counsel on behalf of the Defendant
WHEREAS the Claimant has made claims (the “Claims”) on behalf of the Estate of Sian Jones deceased (“the Deceased”) pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and on behalf of the dependants of the Deceased pursuant to the Fatal Accidents Act 1976 with regard to the injuries and subsequent death of the Deceased as a result of the clinical negligence of the Defendant
AND UPON:
(1) Consideration of the Claimant and the Dependant Protected Party’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(2) The principles set out in the Judgments of the Court of Appeal in JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ.96
(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, section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4), the Court being satisfied that an Order in the terms below is necessary to protect the interests of the Claimant and the Dependant and Protected Party and that there is no sufficient countervailing public interest in disclosure
WHEREAS for the purpose 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 (i) 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 THAT:
- The identity of the Claimant, the Deceased and the Protected Party Dependant are 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 any other publication the name or address or email address of the Claimant, the Deceased or the Dependant Protected Party or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant, the Deceased or the Dependant Protected Party or other immediate family members. The Claimant, the Deceased and the Dependant Protected Party shall be referred to as set out at paragraph 3 of this Anonymity Order.
- In any judgment or report of these proceedings or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “JMH”;
(ii) The Deceased shall be referred to as “JXS”;
(iii) The Dependant and Protected Party shall be referred to as “JMM”;
(iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the Deceased or the Dependant and Protected Party (including any names of other family members or addresses) shall be redacted before publication. - That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Dependant and Protected party already filed in the proceedings be replaced by a document redacting such name or address as above.
- That the unredacted original of any such document disclosing the name or address of the Claimant, the Deceased or of the Dependant/Protected Party is to be placed on the Court file in a sealed envelope marked ‘not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division.’
- The Court’s file shall be clearly marked with the words “An anonymity order was made in this case on 25 January 2024 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.”
- Pursuant to CPR Rule 5.4C and 5.4D:
(i) 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 in accordance with paragraphs 3 and 4 above;
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rules 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 14 days’ notice to the Claimant’s Solicitor and the Court will effect service. - 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 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 judicialwebupdates@judiciary.uk
- Reporting restrictions apply such as to prohibit the disclosing of any information that may lead to the subsequent identification of the Claimant, the Deceased, the Dependant/Protected Party and/or the publication of the name and address of the Claimant or any member of the Claimant’s immediate family.
- The provisions of this Order shall not apply to:-
(a) 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;
(b) Communications between the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution concerned as to the receipt or investment of such money; or
(c) Records kept by the Court Funds Office or the anonymised party, his Deputy or the Litigation Friend or any such financial institution in relation to such money.
(d) 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.
(e) Communications between the Defendant, his 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.
(f) Communications between the anonymised party’s representatives and advisers in managing that parties’ affairs.
(g) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party. - The costs of obtaining this order be costs in the case.
DATED this 25 January 2024
THE CLAIMANT IS REQUIRED TO SERVE THIS ORDER UPON ALL PARTIES