CLAIM No: H03LV587
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
LIVERPOOL DISTRICT REGISTRY
HHJ Wood QC
LYY (a child and protected party proceeding by her mother and
Litigation Friend, CZZ)
WARRINGTON AND HALTON HOSPITALS NHS FOUNDATION TRUST
BEFORE HHJ Wood QC sitting as a High Court Judge sitting at Liverpool Civil and Family Court on 2 September 2022 at a hearing held remotely by MS Teams.
UPON hearing Lizanne Gumbel one of Her Majesty’s Counsel, on behalf of the Claimant and John Whitting one of Her Majesty’s Counsel, on behalf of the Defendant.
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence on 17 December 2015 and in respect of proceedings that have been commenced by the Claimant against the Defendant.
WHEREAS the Claimant is a child and brings a claim by her mother and Litigation Friend, CZZ.
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.
AND UPON 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; rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:-
1. That the identity of the Claimants and of the litigation friend as a party to these proceedings is confidential and shall not be not published.
2. That the Claimants and the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise by the letters set out below:
a. The Claimant as LYY
b. The Claimant’s Litigation Friend as CZZ
3. That the addresses of the Claimants and of the litigation friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the Claimants’ names or addresses or the name or address of the litigation friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant [or of the litigation friend] is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants or litigation friend. The publication of the name and address of the Claimants or of any member of the Claimants’ immediate family or the name and address of the litigation friend is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised parties or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised parties or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised parties or Litigation Friend or any such financial institution in relation to such money.
9. That the Claimant do by 9 September 2022 draw and file this Order and serve the same on the Defendant.
10. That the Claimant do comply with rule 23.9(2) by service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
12. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
IT is further ordered that
A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the Claimant shall be referred to as ”LYY” and the litigation friend as ”CZZ”.
Dated 2 September 2022