NDT and Ors -v- Surrey & Sussex Healthcare NHS Trust (anonymity order)
Claim No: QB-2021-002081
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 04/04/2022
Before:
Master Sullivan
BETWEEN
(1) NDT
(2) TDT
-v-
Surrey & Sussex Healthcare NHS Trust
ORDER
UPON HEARING counsel for the Claimant and counsel for the Defendant
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
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for
personal injuries suffered by him on 24th June 2017 arising out of the Defendant’s
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 minor who brings the claim by his Litigation Friend
AND WHEREAS the parties have reached agreement in respect of the claim and the
matter is before the Court for approval of the proposed terms of settlement pursuant
to the provisions of CPR 21.10.
AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an order in the
terms of paragraphs 1 to 6 below is necessary in order to protect the interests of the
Claimant and that there is no countervailing public interest in disclosure
IT IS ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section
6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2, as follows:
1. The identity of the Claimant and the Litigation Friend shall not be disclosed.
The Claimant shall hereafter be referred to as “TDT” and his litigation friend
as “NDT”.
2. 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 his litigation friend or
any details leading to the identification of either of them, if referred to, they
shall be referred to in these proceedings as TDT and NDT.
3. 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 is referred to as TDT, the litigation
friend as NDT in those documents (b) the address has been deleted from
those documents and (c) all details that may lead to their identification are
omitted or deleted. A non-party may not inspect or obtain a copy of any
document from the court file without the permission of a Judge. Any
application for such permission must be made on notice to the Claimant.
4. The original of any such document held by the Court disclosing the name or
address of the Claimant, the Litigation Friend or the Defendant, is to be
placed on the Court file marked “not to be opened without the permission of
a Judge, Master or District Judge of the Queen’s Bench Division”.
5. Nothing in paragraphs 1 to 4 above shall prohibit the Defendant’s insurers
from disclosing the name, address or any other information tending to identify
the Claimant or the other parties to their legal and professional advisers, to
any reinsurers, accountants, auditors and/or to HM Revenue & Customs (or
its successor) or any other person so entitled by law.
6. 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.
7. Any interested party, whether or not a party to the proceedings, shall have
permission to apply to the Court to vary or discharge this Order upon notice
to the Claimant’s solicitors.
8. 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.