Claim Number: QB-2016-001298
In the High Court of Justice
King’s Bench Division
31 October 2022
Mr Jeremy Hyam KC
(by Her Mother and Litigation Friend STU)
NHS Commissioning Board/Secretary of State for Health
BEFORE MR JEREMY HYAM KC SITTING AS A JUDGE OF THE HIGH COURT IN THE ROYAL COURTS OF JUSTICE ON 31 OCTOBER 2022
UPON HEARING Michael Mylonas, one of His Majesty’s Counsel, on behalf of the Claimant, and Claire Toogood, one of His Majesty’s Counsel, on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged negligence and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice, Queens Bench Division on 30 June 2015
AND WHEREAS the Claimant is a Protected Party and brings the Claim by her Mother and Litigation Friend, Sarah Roberts
AND UPON READING the Advice from Leading Counsel, Mr Michael Mylonas KC for the Claimant and the approval bundle
(a) consideration of Claimant’s Article 8 right to respect for their private and family life and the Article 10 right to freedom of expression
(b) The Defendant indicating their neutrality to the making of the order and there being no representations from the press or any other interested party
AND PURSUANT to section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules
AND UPON it appearing that the case is likely to attract publicity and that revealing the identify of the identity of the Claimant is likely to unfairly damage the interests of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited
IT IS ORDERED THAT:
- Pursuant to Section 6 of the Human Rights Act 1988 and CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and her Litigation Friend, if referred to, shall only be referred to as “KLM” and “STU” respectively.
- Pursuant to CPR Rule 5.4B to 5.4D, a person who is not a party to the proceedings may inspect and/or obtain a copy of the Statement of Case, Judgment or Order from the Court record only if the Statement of Case, Judgment or Order has been anonymised such that:
(a) The Claimant and her litigation friend are referred to in those documents as “KLM” and “STU” respectively
(b) The address of the Claimant has been deleted from those documents
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 or Deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16 July 2021 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
- The identity of the Claimant in these proceedings is protected and shall not be published.
- 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 Claimants’ Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given
- The provisions of this Order shall not apply to:
(a) communications between the Court Funds Office, the Court of Protection, the anonymised party or Litigation Friend, the Deputy appointed to administer the funds of KLM in relation to the payment of money into the Court Funds Office for the benefit of the anonymized party, or the investment or treatment or payment out of such money;
(b) communications between the Court Funds Office, the Court of Protection, the anonymised party or Litigation Friend, the Deputy appointed to administer the funds of KLM and any financial institution concerned as to the receipt or investment of such money;
(c) to the records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
- Provided that the parties and/or their advisers do not publish any documents containing references to the Claimants by name the parties and/or their advisers be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimants for the purposes of their continuing rights and obligations under the settlement orders in this claim and paragraphs 1, 2 and 3 above shall not apply in those respects.
- Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as KLM and the Litigation Friend referred to as STU.
- Costs in the case, such costs to be assessed by way of detailed assessment if not agreed.
Dated the day of 31 October 2022