Claim No: QB-2021-001536
In the High Court of Justice
Queen’s Bench Division
16 July 2021
LMN (by her mother and Litigation Friend CMN)
Frimley Health NHS Foundation Trust
UPON the Claimant’s application issued on 23 April 2021
AND UPON reading the confidential advice of Mr Grahame Aldous QC and Counsel Laura Begley on behalf of the Claimant
AND UPON hearing Mr Grahame Aldous QC, one of Her Majesty’s Counsel, on behalf of the Claimant and Paul Reynolds, Counsel, on behalf of the Defendant
AND UPON the Master approving the voluntary interim payment of £20,000 on account of damages generally made by the Defendant to the Claimant’s solicitors on 8 March 2021
AND UPON the Master noting the voluntary interim payment of £100,000 on account of costs made by the Defendant to the Claimant’s solicitors on 25 March 2021
AND UPON it being recorded that the hearing took place in private pursuant to CPR PD 51Y 2.
WHEREAS pursuant to CPR r.39.2 (4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient counterveiling public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR 39.2 Rule that:
1. There be judgment for the Claimant for 67.5% of the damages as are assessed (or agreed by the parties) as due on a full liability basis.
2. The Defendant do pay the Claimant’s reasonable costs of the issues of liability and causation to be assessed on the standard basis if not agreed.
3. The Claimant’s solicitors do have permission to release £20,000 on account of damages to the Litigation Friend for the benefit of the Claimant and to pay for her therapy treatment, equipment and transport needs.
4. The need for Filing and Service of the Defence be dispensed with
5. The case be listed for a Case Management Conference on the first available date after 1st October 2021
AND IT IS FURTHER ORDERED THAT:
6. The Claimant, her mother and litigation friend and her father shall hereinafter be referred to in these proceedings respectively as ‘LMN’ (the Claimant), ‘CMN’ (mother), ‘DMN’ (father).
7. There shall not be disclosed in any report of the proceedings the names or address of the Claimant or of her parents or any details leading to the identification of the Claimant or her parents, and if referred to, they shall only be referred to as ‘LMN’, CMN’ and ‘DMN’
8. Pursuant to CPR Rule 5.4C 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 such that:
(a) The Claimant and the Claimant’s parents are referred to only as, ‘LMN’, ‘CMN and ‘DMN’
(b) The address of the Claimant has been deleted from those documents.
(c) There has been redacted any information which might identify the Claimant and her parents.
9. There shall be no publication in any newspaper or other media or other disclosure of any name, address, picture or information tending to identify the Claimant or her parents.
10. The provisions of this Order shall not apply to communications between the Claimant or her litigation friend and her solicitors or financial advisers or between the Defendants and any agent of the Defendants or other person who requires the name of the Claimant in order to comply with the terms of the settlement agreement.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.