PKM -v- Guy’s & St. Thomas NHS Foundation Trust (anonymity order)
Claim No: QB-2022-000676
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 04/04/2022
Before:
Deputy High Court Judge Clare Padley
Between:
PKM
(A PROTECTED PARTY, BY HIS MOTHER AND LITIGATION FRIEND, PCM)
-v-
GUY’S & ST. THOMAS NHS FOUNDATION TRUST
CONSENT ORDER
BEFORE DEPUTY HIGH COURT JUDGE CLARE PADLEY sitting at the High Court of Justice, Strand, London, on 4 April 2022.
UPON THE CLAIMANT’S PART 8 APPLICATION
AND UPON HEARING Counsel on behalf of the Claimant and Solicitor (to whom a special right of audience was granted) on behalf of the Defendant.
WHEREAS the Claimant had a prospective claim (the “Claim”) against the Defendant for personal injury.
AND WHEREAS the Claimant is a Child and brings the Claim by his Mother and Litigation Friend, PCM.
IT IS HEREBY ORDERED PURSUANT to Section 11 of the Contempt of Court Act 1981, Article 8 of Schedule 1 to the Human Rights Act 1998 and CPR Part 5.4D and Part 39.2 that:-
1. There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant in this action.
2. There be substituted for all purposes of this case, in place of reference to the Claimant by name, whether orally or in writing, references to the letters “PKM”, and to the litigation friend by the letters “PCM”.
3. To the extent necessary to protect the Claimant’s identity, any other reference, whether to persons or places or otherwise, to be adjusted appropriately, with permission to the Claimant to apply in default or agreement as to the manner of such adjustments.
4. So far as the Claim Form, or any Judgement or Order, or any other document to which anyone might have access pursuant to CPR 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has 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 originals; and the originals are then to be retained by the Court in a sealed envelope marked: “Not to be opened without permission of a Judge or Master of the Queen’s Bench Division”.
5. A non-party may not without permission of a Master obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
6. The Court electronic file shall record that an anonymity order has been made.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or his Litigation Friend.
8. Save that, in so far as this part of the Order applies to the Defendant, it does not prohibit disclosure by the Defendant of the Claimant’s name and address or any other information tending to identify the Claimant to their reinsurers, to potential annuity providers or their legal and professional advisors including medical examiners or the Compensation Recovery Unit or any person required by law.
9. The Claimant has permission to amend the claim form giving the address of his solicitors in place of his residential address. A letter with the Claimant’s full name and address is to be placed on the file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
10. Any non- party affected by this Order may apply on notice to set aside or vary this Order.
11. 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 (but not the Schedule hereto) 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. Any reference to the case on the RCJ website (including any reference to the listing of the case) shall be amended to show the case by the anonymised title, with no mention of the Claimant’s name.
AND UPON the parties having agreed terms in respect of full and final settlement of the claim as set out in the Schedule attached.
AND UPON READING the advice prepared by Counsel, Mr Julian Matthews, for the Claimant, dated 30 March 2022, and the report and letter of Dune Financial dated 15 October 2021, and 24th March 2022.
AND UPON the Claimant having given the following undertakings to the Court
1. The Claimant whether acting by his Litigation Friend or otherwise will take all necessary steps to seek to stay the Claim and any proceedings which have begun or have been threatened against the Defendant in connection with the Claim
2. The Claimant whether by his Litigation Friend or otherwise will not institute any proceedings against the Defendant or any other party or person whomsoever in connection with the Claim save by way of enforcement of this Order
AND UPON the Court:-
i) approving the terms of settlement set out in the Schedule attached as being in the best interests of the Claimant;
ii) approving the payment out to the Litigation Friend of the sums specified in the Schedule attached;
IT IS ORDERED THAT:
1. The Claimant has permission to accept the proposed terms of settlement set out in the Schedule attached in settlement of his claim.
2. All further proceedings be stayed upon the terms set out in the Schedule to this Order, except for the purpose of carrying those terms into effect.
3. The Claimant’s solicitor shall, no later than 4pm on 18th April 2022, make an application to a Queen’s Bench Master for further investment directions and file an amended CFO 320. Any application on behalf of the Claimant for payment into a bare Personal Injury Trust is to be supported by a copy of the proposed Trust Deed, evidence of the costs of the proposed professional trustee and updated independent financial advice on comparative returns including such trustee costs. Upon such an application being made, the QB Master shall determine whether investment directions may be given on the papers alone. In the event that they cannot, the matter is deemed suitable for a remote hearing, if appropriate, and should be heard within 56 days.
4. All parties have permission to apply to carry the terms into effect.
5. The Defendants shall pay the Claimant’s reasonable costs of the claim, including the reasonable costs of obtaining and implementing investment directions, against the Defendant, such costs to be subject to detailed assessment by the Court on the standard basis if not agreed. Payment of those costs to be made within 28 days of the conclusion of the detailed assessment or agreement between the parties.
6. There be permission to have a detailed assessment of the Claimant’s costs in accordance with the Civil Legal Aid (Costs) Regulations 2013 or as subject to any transitional and saving provisions as applicable with Regulation 107 of the Civil Legal Aid (General) Regulations 1989 as amended, Article 5 of the Access to Justice Act 1999 (Commencement No.3) Order 2000, Article 4 of the Community Legal Service (Funding) Order 2000 and the Civil Legal Aid (General) (Amendment) Regulations 2000 as amended, save that in the event that the Claimant’s solicitors waive any claim to any further costs beyond those referred to above, they have permission to dispense with any Legal Aid Assessment
Dated this 4th day of April 2022