Lym -v- Worcestershire Acute Hospitals NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case Number: KB-2023-LIV-000070

In the High Court of Justice
King’s Bench Division
Liverpool District Registry



16 February 2024

Before:

District Judge Lampkin sitting in private

Between:

Lym (by LF KMM)

-v-

Worcestershire Acute Hospitals NHS Trust

…………………………………………………………………………………………………………………………………………………………………………………………

UPON CONSIDERING the Claimant’s Application

AND UPON

(1) Consideration of the Article 8 rights of the Claimant (a minor) to respect for
private and family life, and the Article 10 right to freedom of expression.

(2) It is 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.

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).

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 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    shall not be published.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, 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 LYM 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:

    a. The Claimant shall be referred to as “LYM”.

    b. The Litigation Friend shall be referred to as “KMM”.

    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 (ii) above.

    b. If a person who is not a party to the proceedings applies (pursuant to CPR
    r.5.4C(1 B) 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 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
    within 28 days of receipt of this Order.
  6. The Court file shall be clearly marked with the words “An anonymity order was
    made in this case on 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, provided that any such application is made
    on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. 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 .
  9. The costs of obtaining this order be costs in the case.

    SERVICE OF THE ORDER

    The court has sent sealed copies of this order to:

    Fletchers Group Solicitors, Dukes House, 34 Hoghton St, Southport, PR9 0PU

    CAPSTICKS SOLICITORS LLP, 1 ST GEORGES ROAD, LONDON SW19 4DR