KVM -v- Aneurin Bevan Local Health Board (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

In The High Court Of Justice
King’s Bench Division

20 March 2024

Before:
The Honourable Mr Justice Ritchie

Between: KVM (by his mother and litigation friend, KVL)
-v-
Aneurin Bevan Local Health Board

Anonymity Order

BEFORE the Honourable Mr Justice Ritchie sitting at the Cardiff District Registry at 2 Park Street, Cardiff, CF10 1ET, on 20th March 2024
UPON hearing Michael Horne KC, Leading Counsel for the Claimant, and Jonathan Holl-Allen KC, Leading Counsel for the Defendant
WHEREAS the Claimant has made a claim against the Defendant through his litigation friend in respect of personal injuries and consequential loss suffered by him arising out of the circumstances of his birth on 28th April 2011 and in respect of which proceedings were commenced by the Claimant against the Defendant in the Cardiff District Registry of the High Court of Justice on 2nd March 2022
AND WHEREAS the Claimant is a protected party and protected beneficiary within the meaning of CPR Part 21
AND UPON the Claimant and the Defendant agreeing to compromise the liability issues in the claim
AND UPON the Court reading the Approval Bundle and Confidential Advice from Leading Counsel for the Claimant
AND UPON
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(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.
(4) The Press making no representations in relation to the Order.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
WHEREAS for the purposes 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:

  1. The identity of the Claimant as a party to these proceedings and the Litigation Friend are confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (a) The Claimant shall be referred to as “KVM”.
    (b) The Litigation Friend shall be referred to as “KVL”.
    (c) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (a) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (b) 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, trustee or deputy.
  5. The Court’s digital and paper file shall be clearly marked with the words “An anonymity order was made in this case on 20th March 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.”
  6. 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, trustee or deputy.
  7. 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.
  8. The costs of obtaining this Order be paid by the Defendant in accordance with paragraph 4 of the Order approving the compromise on the issue of liability.

Dated 20th March 2024