Claim Number: F90MA386
In The High Court Of Justice
King’s Bench Division
Manchester District Registry
6 February 2023
(A protected party proceeding by his Litigation Friend PN)
(1) Virtue Technologies Ltd
(2) Liverpool University Hospitals NHS Foundation Trust
BEFORE HHJ Bird sitting in the High Court of Justice, Kings Bench Division at the Manchester Civil Justice Centre on 6th February 2023.
UPON hearing Christopher Melton QC for the Claimant, Peter Burns for the First Defendant/Part 20 Claimant, and Charles Feeny for the Second Defendant/Part 20 Defendant.
(1) Consideration of the Article 8 rights of the Claimant and the Litigation Friend 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 and the Litigation Friend is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants both 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 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981 and CPR rules 5.4C, 5.4D and 39.2(4).
IT IS ORDERED THAT:
- The identity of the Claimant and the Litigation Friend, as parties to these proceedings, is protected and shall not be published.
- 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, the Claimant’s immediate family members or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of LN as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as LN
(ii) The Litigation Friend shall be referred to as PN
(iii) Any other details liable to lead to the identification of the Claimant or Litigation friend including any names of other immediate family members or their addresses shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(i) 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.
(ii) 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.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 6th February 2023 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.”
- 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 notice to the Claimant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- The costs of obtaining this order be costs in the case.