JXS -v- Devon Partnership NHS Trust (anonymity order)
Claim No. QB-2016-000483
In the High Court of Justice
Queen’s Bench Division
29 May 2020
Before:
Master Cook
Between:
JXS
-and-
Devon Partnership NHS Trust
UPON HEARING Counsel for the Claimant (Caroline Hallissey) and Counsel for the Defendant (Michael Deacon)
AND UPON READING the opinion on the Merits of Settlement drafted by Caroline Hallissey dated 14 May 2020
WHEREAS the Claimant has a claim (“the Claim”) against the Defendant for personal injuries suffered by her on 26 October 2013 arising out of the Defendant’s admitted negligence and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice
AND WHEREAS the Claimant is a protected party and acts through her Litigation Friend, the Official Solicitor of the Senior Court
AND WHEREAS judgment was entered for the Claimant on 7 March 2018 against the Defendant for 85% of damages to be assessed
AND UPON THE COURT ORDERING that:
Pursuant to CPR rule 39.2(4) and section 11 of the Contempt of Court Act 1981 and upon the Court being satisfied that it is necessary:
a) In any report about these proceedings, there shall be no publication, whether in electronic form or hard print, of the name and/or the address of the Claimant, or of any still or moving images of her, or any particulars of the case, including details of the Claimant’s ongoing disabilities, likely to lead to the identification of the Claimant, without the leave of the Court.
b) The Claimant shall be referred to as JXS in order to preserve the Claimant’s anonymity.
c) A non-party may only inspect or obtain a copy of any document from the Court records, pursuant to CPR 5.4C & 5.4D if:
i. An application for permission is made to a Master, on notice to the Claimant’s solicitors; and
ii. If permission is granted, any such document must be suitably redacted or anonymised to avoid disclosure of any information likely to identify the Claimant
WITH THE APPROVAL OF THE COURT AND BY CONSENT IT IS ORDERED THAT:
1. The Claimant may accept the sum of £500,000 (gross of Interim Payments already made of £280,000; there being for the avoidance of doubt a valid Nil CRU Certificate)
2. That by 4pm on 15 June 2020 the Defendant shall pay the balance of £220,000 to the Claimant’s Solicitor
3. That Defendant shall pay the Claimant’s costs of the Claim, such costs to be the subject of detailed assessment on the standard basis in default of agreement
4. The Defendant shall pay the further sum of £100,000 on account of costs to the Claimant’s solicitors by 4pm on 15 June 2020, £70,000 having previously been paid on account
5. The parties have permission to apply to the Court to enforce this Order without the need to bring a new claim.