PSA and others -v- University Hospitals Dorset NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Amended under the Slip Rule CPR 40.12 dated 31st July 2023 & approved by David Pittaway KC Sitting as a Deputy High Court Judge

Claim Number: Qb-2020-003649

Clinical Negligence
In The High Court Of Justice
Kings Bench Division
Central Registry

25 July 2023

Before:
David Pittaway KC

Between:
PAS (Litigation friend & Joint Administrator of the Estate of KB, Deceased) (1)
SAB (Litigation Friend & Joint Administrator of the Estate of KB, Deceased) on behalf of
KLB (a dependant and child of the Deceased) (2) and (3)
AND
SJB (a minor, dependant and child of the Deceased) (4)
-v-
University Hospitals Dorset NHS Foundation Trust

Anonymity Order

BEFORE David Pittaway KC Sitting as a Deputy High Court Judge sitting at the Kings Bench Division, Royal Courts of Justice, Strand, London, WC2A 2LL.
UPON hearing Miss Sutherland, Counsel for the Claimant and Mr O’Brien, Counsel for the Defendant.
WHEREAS the 3rd and 4th Claimants are vulnerable parties and have made claims against the Defendant as a result of their negligence.
AND UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants is necessary in order to protect the interests of the 3rd and 4th Claimants.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED :-

  1. That the identity of the Claimants be not disclosed.
  2. That the Claimants 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 follows:-
    The Deceased is to be referred to as ‘KB’
    The 1st Claimant is to be referred to as ‘PAS’
    The 2nd Claimant is to be referred to as ‘SAB’
    The 3rd Claimant is to be referred to as ‘KLB’
    The 4th Claimant is to be referred to as ‘SJB’
  3. That the address of the Claimants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
  4. Any statement of case or other document disclosing the Claimants’ name or address already filed in the proceedings be replaced by a document describing such name or address in the anonymised form as above.
  5. That the original of any such document disclosing the name or address of the Claimants be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Kings Bench Division”.
  6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants in relation to these proceedings. The publication of the name and address of the Claimants or of any member of the Claimants’ immediate family is prohibited in relation to these proceedings.
  8. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
    Dated 25th July 2023

EXPLANATORY NOTE

The scope of ‘publication’ is a communication which is “addressed to the public at large or any section of the public”. Set out below is a list 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 party’s appointed representatives and advisers, such as their solicitor or Litigation Friend,.
(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 payment 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 as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes 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 party’s representatives and advisers 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.