MSS -v- Kingston Hospital NHS Foundation Trust (anonymity order)
Claim No: QB-2022-MAN-000211
In the High Court of Justice
King’s Bench Division
Manchester District Registry
Clinical Negligence
23 September 2022
Before:
HHJ Sephton KC sitting as a Judge of the High Court
Between:
MSS
(A child, by his father and litigation friend,
VMM)
-v-
Kingston Hospital NHS Foundation Trust
Anonymity Order
BEFORE HHJ SEPHTON KC sitting as a Judge of the High Court at the Manchester Civil Justice Centre on September 23rd 2022
UPON HEARING Mr Christopher Melton, one of His Majesty’s Counsel, on behalf of the Claimant and Mr Bradley Martin, one of His Majesty’s Counsel, on behalf of the Defendant
WHEREAS the Claimant, a protected party who proceeds by his father and Litigation Friend, has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence
AND WHEREAS Judgment has been entered against the Defendant with damages to be assessed
AND UPON
(1) Consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
(3) The Defendants indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and Civil Procedure Rules (“CPR”) 5.4A to 5.4D and 39.2(4).
IT IS ORDERED THAT:
- The identity of the Claimant in these proceedings is protected and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address or email address of the Claimant or any details that could lead to the identification of the Claimant. The Claimant shall be referred to as set out at paragraph 3 of this anonymity Order.
- In any report of these proceedings or other publication (by whatever medium), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any Judgment or Order in the proceedings in relation thereto:
(i) The Claimant shall be referred to as “MSS” and the litigation friend as ‘VMM’;
(ii) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
- That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or that of the litigation friend already filed in the proceedings be replaced by a document redacting such name or address as above.
- That the unredacted original of any such document disclosing the name or address of the Claimant is to be placed on the Court file in a sealed envelope marked ‘not to be opened without the permission of a Judge or District Judge of the King’s Bench Division.’
- Pursuant to CPR Rule 5.4C:
(i) A person who is not a party to the 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 in accordance with paragraphs 3 and 4 above;
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rules 5.4C (1B) or (2)) for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor and the Court will effect service.
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this anonymity Order, providing that any such Application is made on notice to the Claimant’s Solicitor and that at least 7 days’ prior notice of the intention to make such an application is given.