MPI -v-Barking, Havering & Redbridge University Hospitals NHS Trust (anonymity)
Claim No.: QB-2020-000203
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
10 November 2020
MPI (A child and protected party by her mother and Litigation Friend, CA)
Barking, Havering & Redbridge University Hospitals NHS Trust
ON an approval hearing
UPON HEARING (by telephone) Mary Ruck on behalf of the Claimant and Martin Forde QC, one of Her Majesty’s Counsel on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her on 18 January 2010 arising out of the Defendant’s alleged negligence and in respect of which proceedings have been commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division.
AND WHEREAS the Claimant is a protected party who brings the claim by her mother and Litigation Friend.
AND WHEREAS the Claimant is a protected beneficiary
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 the Court being satisfied that an order in the terms of paragraphs 1 to 5 below is necessary in order to protect the interests of the Claimant and that there is no countervailing public interest in disclosure
AND PURSUANT to Rule 39(2) 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
1. That the identity of the Claimant and of the litigation friend not be disclosed.
2. That the Claimant and her litigation friend shall respectively be referred to in these proceedings, 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 as “MPI” and “CA”.
3. That pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant or her litigation friend or any details leading to their identification and, if referred to, they shall respectively be referred to as MPI and CA.
4. That, insofar as necessary, any statement of case or other document disclosing the Claimant’s name or address 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 anonymized 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 without the permission of a Judge, Master or District Judge of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant.
7. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised such that (a) the Claimant and her litigation friend are referred to as MPI and CA in those documents (b) the address of each has been deleted from those documents and (c) all details that may lead to their identification are omitted or deleted.
8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
9. Nothing in paragraphs 1 to 8 above shall prohibit the Defendant from disclosing the name, address or any other information tending to identify the Claimant or her litigation friend to HM Revenue & Customs (or its successor) or any other person so entitled by law.
10. The provisions of paragraphs 4 and 5 above of this Order shall not apply to such files as the Defendant and/or its legal advisers are entitled and/or obliged to retain.
11. The provisions of this Order shall not apply: –
(i) 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;
(ii) 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
(iii) 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;
(iv) to communications between the Court of Protection and the anonymized party or Litigation Friend or their legal or professional advisers.
12. That any interested party shall have permission to apply in relation to this Order.
13. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
14. Claimant to serve sealed order.