NB and EB -v- South Tyneside & Sunderland NHS Foundation Trust (anonymity order)

County CourtAnonymity Order

Claim Number: K01NE423

In the County Court at
South Shields

30 November 2023

Before:
District Judge Coulthard

Between:
(1) NB
(2) EB
(Litigation friend LH)
-v-
South Tyneside & Sunderland NHS Foundation Trust

Anonymity Order

Before District Judge Coulthard sitting at the County Court at South Shields, Millbank, Secretan Way, South Shields, Tyne & Wear, NE33 1RG on 30 November 2023.
UPON HEARING [Counsel] Miss Telford Counsel for the Claimant.
AND UPON considering a oral application to date at this Infant Settlement Hearing.
(1). Consideration of the Article 8 rights of [ the Claimant/ another person] 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 to secure the proper administration of justice and order to protect the interest of [ the Claimants/another person} and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of their order and there being no representations from- the press or any interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form ( including internet and social media), which is addressed to the public at large or any section of the public.

Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of the Claimants as a party to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule39.2(4), there shall not be disclosed in any report of these proceedings or other publicationthe 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 [TBC] as the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph3 of this Order.
  3. In any judgment of these proceedings, or publication (by whatever medium) in relation thereto:
    (i) the first Claimant shall be referred to as “NB” and the second Claimant as “EB”
    (ii) The Litigation Friend shall be referred to as “LH”.
    (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.
    (iiii) 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.
  4. 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 [date-21 days from date of the order], 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 “And anonymity order was made in this case on 30 November 2023 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.”
  5. Ant interested, 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.
  6. 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
  7. The costs of obtaining this order be costs in the case.
    Dated 30 November 2023

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 parties appointed representative and advisors, 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 payout 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 asto the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisors of their unredacted files forthe purpose 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 parties representative and advisors 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.