M1M -v- Great Western Hospitals NHS Foundation Trust (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-000192

In the High Court of Justice
King’s Bench Division
Clinical Negligence

14 January 2025

Before:

Deputy High Court Judge Clare Padley

Between:

M1M
(by her Father and Litigation Friend M2M)

-v-

Great Western Hospitals NHS Foundation Trust

Anonymity order

BEFORE Deputy High Court Judge Clare Padley sitting at the Royal Courts of Justice, Strand, London, on 14th January 2025

UPON HEARING Simeon Maskrey KC, counsel for the Claimant and David Evans KC, counsel for the Defendant

AND UPON the Court having been informed that the Press Association has been notified of this hearing, and there being no attendance by the Press Association or a member of the Press.

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 PURSUANT to section 39 of the Children and Young Person’s Act 1933, 39.2(4) of the Civil Procedure Rules and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED:

  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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 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:
    (i) The Claimant shall be referred to as “M1M”.
    (ii) The Litigation Friend shall be referred to as “M2M”.
    (iii) 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:
    (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.
  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 the 4th February 2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 14th January 2025 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. The provisions of this Order shall not apply:-
    (a) to communications between the Court Funds Office and the anonymised party 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;
    (b) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    (c) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
  8. 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.
  9. 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.

Dated this 14th day of January 2025