LP -v- Dr Stuart Ronald Winchurch (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2019-004467

In the High Court of Justice
King’s Bench Division

Clinical negligence

12 June 2023

Before:

Annabel Darlow KC sitting as Judge of the High Court

Between:

LP (A Protected Party by her Mother and Litigation Friend, JP)

-v-

Dr Stuart Ronald Winchurch

Order

BEFORE Annabel Darlow KC sitting as Judge of the High Court at the Royal Courts of Justice, Strand, London, WC2A 2LL on 12 June 2023.

UPON HEARING Mr Jamie Mathieson on behalf of the Claimant and Mr Nicholas Peacock 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 negligence on or about 1 and 15 July 2010 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 13 December 2019.

WHEREAS the Claimant brings the Claim by her Mother and Litigation Friend, JP

AND UPON the Court having read the confidential approval advice of Mr Neil Davy KC dated 7 June 2023            

AND UPON

  1. Consideration of the Claimant’s Article 8 right 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 her Litigation Friend 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.

AND PURSUANT to section 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981 and rules 39.2(4), 5.4C and 5.4D of the Civil Procedure Rules.

WHEREAS for the purpose 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 by subparagraph (1) 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 is 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, or the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or specific combination of facts) that could lead to the identification of LP 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.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    – The Claimant shall be referred to as “LP”
    – The Litigation Friend shall be referred to as “JP”
    – Any other details liable to lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    – A person who is not a party to the proceedings may not inspect or 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(a) to (c) above.
    – If a person who is not a party to the proceedings applies (pursuant to CPR r5.4C(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. 
  5. The Claimant’s Solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4 July 2023.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 12 June 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.”
  7. 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 Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  8. Pursuant to the ‘Practice Guidance:  Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 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 sent a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk