Claim Number: G90MA333
In the High Court of Justice
King’s Bench Division
Manchester District Registry
9 October 2023
Mr Justice Ritchie
(by his Father and Litigation Friend RJ)
Shrewsbury And Telford Hospital NHS Trust
BEFORE Mr Justice Ritchie sitting at the Manchester Civil Justice centre on 9th October 2023
AND UPON HEARING Darryl Allen KC, on behalf of the Claimant and Martin Forde KC, on behalf of the Defendant
(1) Consideration of the Claimant’s Article 8 rights 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 in order to protect the interests of the Claimant.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
(4) And there being no representations form the press
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)
IT IS ORDERED THAT:
- The identity of the Claimant and the litigation friend in these proceedings is protected and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of the Claimant and his parents. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “RM”
(2) The Litigation Friend shall be referred to as “RJ”
(3) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
- Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the 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 in accordance with subparagraphs 3(1) to (3) 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 or Deputy.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 9th October 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.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
- A copy of this order shall be published on the Judicial Website.
- This order is mandatory. Breach of any part of this order may give rise to contempt proceedings. Even if an application has been made to vary or discharge any part of the order, the order must be complied with unless or until varied or discharged.
- Costs in the proceedings.