Claim No.: QB-2020-001732
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
3 November 2020
Master Dagnall Sitting In Private
PAA (A Protected Party Who Brings This Action By Way Of Their Litigation Friend TCA)
Mrs Daralyn Williams
BEFORE Master Dagnall, by remote video link, the hearing being in private pursuant to CPR Practice Direction 51Y (the court having concluded that such was necessary in the interests of the administration of justice), on 3rd November 2020.
UPON the Application of the Claimant (“the Application”) made by Notice of Application dated 19 October 2020 served upon the Defendant
AND UPON hearing leading counsel for the claimant and leading 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
AND UPON Court considering the Notice of Application and the accompanying draft order sought by it AND THAT:
1. The action is one which is likely to attract significant media attention and publicity.
2. The action relates to serious injuries which have been occasioned to the Claimant such that he is now a Protected Party and a Protected Beneficiary.
3. Upon the court concluding there is a real and substantial chance of settlement prior to a trial on quantum and in these circumstances being bound by the decision in PQ (A Child) v. Royal Free London NHS Foundation Trust to conclude (as the court has done) that it is necessary in the interests of justice and to protect the interests of the Protected Party for an order to be made that the identity of the Protected Party and of the Litigation Friend be not disclosed because of the risk of the “jigsaw effect” (namely that if the Claimant’s identity is known at this stage then the ability of the court to protect the interests of the Protected Party at any future settlement hearing would be severely constrained because the public would be able to associate any report of the subsequent settlement proceedings with the previous proceedings).
4. The Claimant’s and the Litigation friend’s address/location and identities ought to be withheld from the public, and that the Court should allow this and give consequential directions, and that such prohibitions are necessary to secure the proper administration of justice.
AND pursuant to the section 11 Contempt of Court Act 1981, Civil Procedure Rules 1998 rules 1.1, 3.1, 5.4 A-D and 39.2 and the inherent jurisdiction of the Court.
AND UPON the Court, having invited submissions from the Defendant and received no objections, being satisfied that there is no public interest in disclosure that outweighs the need for anonymity, the Court has determined that it would be proportionate to order that the Claimant and his Litigation Friend shall be referred to herein and for the purposes of these proceedings only by the initials as set out in the heading of this order save for the purposes of any necessary confidential communications between the parties’ legal advisors and/or the court.
AND UPON a copy of the court’s order being published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk).
Any person who is not a party to the proceedings may apply to set aside or vary the order.
IT IS ORDERED AND DIRECTED THAT:-
1. The identity and the address/location of the Claimant or of the Litigation Friend be not disclosed or published without the permission of the court (other than as required for the purposes of the carrying on of this action).
2. There be substituted for all purposes in this action in place of references to the Claimant and the Litigation Friend by name, and whether orally or in writing, reference to the sequence of characters, PAA and TCA respectively; and the Claimant shall 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 “PAA” and the Litigation Friend as “TCA”.
3. The address of the Claimant and of the 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 Claimant’s solicitors.
4. That insofar as necessary, any statement of case or other document disclosing the Claimant’s or the Litigation Friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above (and in the meantime shall be kept confidential), and the Claimant’s solicitor shall have permission to file with the court such copies of such documents adjusted so as to comply therewith.
5. The original of any such statement of case or other document disclosing the name or address/location of the Claimant or the Litigation Friend (and in particular any Claim Form, or any statement of case, judgment, Order or other document to which anyone might have access to pursuant to Rule 5.4 A-D or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”
6. Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division/Any application for such permission must be made on notice to the Claimant and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
7. The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name or address/location of the Claimant or the Litigation Friend or of any member of the Claimant’s or the Litigation Friend’s immediate family is prohibited.
8. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. The Claimant has permission to apply to set aside or vary this order.
10.The provisions of this order shall be subject to review at the further CCMC (listed for 18 March 2022).
11.The provisions of this Order shall not apply to:-
a. 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;
b. 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
c. records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
12. A copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant shall be referred to as “PAA” and his Litigation Friend shall be referred to as “TCA”.