Claim No: QB-2021-000733
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
HHJ Shetty sitting as a Judge of the High Court
(A child suing by her mother and Litigation Friend VCM)
LEWISHAM AND GREENWICH NHS TRUST
BEFORE HHJ Shetty sitting at the Royal Courts of Justice on 16 May 2022.
AND UPON HEARING Ms Lizanne Gumbel one of Her Majesty’s Counsel on behalf of the Claimant and Mr Alexander Antelme one of Her Majesty’s Counsel on behalf of the Defendant.
(1) consideration of the Claimant’s Article 8 right to respect of 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 and that there is no sufficient countervailing public interest in disclosure.
(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].
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
1. For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
2. For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do 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 solicitor, Litigation Friend, attorney, trustee and deputy.
(i) 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.
(ii) Communications between the Defendant or its successors in title and their legal and professional advisers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(iii) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(iv) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
IT IS ORDERED THAT:-
1. The identity of the Claimant as a party to these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of SLM the Claimant in these proceedings.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as “SLM”.
(ii) The Litigation Friend shall be referred to as “VCM”.
(iii) Any other details liable to lead to the identification of the Claimant (including any names or other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) 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, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 16th May 2022 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.