Mrs Jodie Louise Payne and others -v- Central and North West London NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2022-004341

In the High Court of Justice
King’s Bench Division

22 December 2022

Before:
Master Cook

Between:
(1) Mrs Jodie Louise Payne (administratrix Of The Estate Of Mr Jason Payne & In Her Own Right),
(2) Christine Salmon,
(3) Connor Gallway,
(4) Ayesha Burbidge,
(5) Alisha Kaine,
(6) JXG A Minor, By Her Social Worker And Litigation Friend, CXS,
(7) CXD A Minor, By Her Mother And Litigation Friend, MXD,
(8) MXP A Minor, By Her Aunt And Litigation Friend SXH
-v-
Central and North West London NHS Foundation Trust


Anonymity Order

BEFORE MASTER COOK sitting in the High Court, King’s Bench Division

WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the three minor Claimants and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:

  1. That the identity of the sixth, seventh and eighth Claimants, who are minors, and their litigation friends be not disclosed.
  2. There be substituted for all purposes of this case, in place of references to these Claimants by name and whether orally or in writing, references to: Claimant 6: “JXG”, with Litigation Friend referred to as “CXS”; Claimant 7: “CXD”, with Litigation Friend referred to as “MXD”; Claimant 8: “MXP”, with Litigation Friend referred to as “SXH”.
  3. That the Claimants and their Litigation Friends 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 as “JXG” and “CXS”; “CXD” and “MXD”; and “MXP and “SXH” respectively.
  4. That the address of the Claimants and of their 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.
  5. So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimants’ solicitors have leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court in a sealed envelope marked: “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimants or their Litigation Friends. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimants and in accordance with CPR r. 5.4C (6) 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 their Litigation Friends. 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 Friends is prohibited.
  8. The provisions of this Order shall not apply:-
    a) to communications between the Court Funds Office and the anonymised party, their Deputies or Litigation Friends 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, their Deputies or Litigation Friends 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, their Deputies or Litigation Friends or any such financial institution in relation to such money.
  1. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  2. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the minor Claimants shall be referred to as: Claimant 6: “JXG”, with Litigation Friend referred to as “CXS”; Claimant 7: “CXD”, with Litigation Friend referred to as “MXD”; Claimant 8: “MXP”, with Litigation Friend referred to as “SXH”.

EXPLANATORY NOTE

The order defines the scope of ‘publication’ and makes clear that it is a communication which is “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of examples of communications and records which would not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether the anonymised party is alive, so entitled to continuing periodical payments.