LAM -v- Kettering General Hospital NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2017-003356

In the High Court of Justice
King’s Bench Division

22 May 2024

Before:
The Honourable Mr Justice Mould

Between:
LAM
(A Child By his mother and litigation friend LLC)
-v-
Kettering General Hospital NHS Foundation Trust

ORDER

BEFORE The Honourable Mr Justice Mould in the Royal Courts of Justice on 22nd May 2024

WHEREAS the Claimant is a child and protected party who brings this litigation by his litigation friend and has applied for approval of a proposed settlement of his claim in respect of quantum, liability having been admitted in full.

UPON HEARING Simon Dyer, 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

AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application

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

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, the Court being satisfied that the case is likely to attract publicity and revealing the identity of the Claimant is likely to unfairly damage the Claimant’s interests and those of his family members and that there is no sufficient public interest in disclosure.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules and s.39 of the Children and Young Persons Act 1933

IT IS ORDERED THAT:

  1. There shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to him by the letters “LAM” and to the Claimant’s mother and litigation friend by the letters “LLC”.
  2. To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
  3. Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant or his litigation friend by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation which identifies the Claimant and the litigation friend for the purposes of the litigation.
  4. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to Rule 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  5. A non-party may not inspect or obtain the copy of any document from the Court file, (other than this order – duly anonymised as directed) without permission of the Court. Any application for such permission should be made on notice to the Claimant. Such file is to be retained by the Court marked “Anonymised”.
  6. A non-party may not obtain a copy statement of case or documents from the Court file unless it has been anonymised in accordance with this order and there has been redacted any information which might identify the Claimant or her immediate family.
  7. There shall be no publication or disclosure of any name, address or information tending to identify the Claimant, or, his immediate family.
  8. Any party affected by this order may apply on notice to all parties to have this order set aside or varied.
  9. 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 “LAM” and his litigation friend as “LLC”.
  10. Costs in the case.

DATED this 22nd May 2024