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STU -v- Hywel DDA University Health Board (anonymity order)

CLAIM NO: QB-2016-001594

In the High Court of Justice
Queen’s Bench Division

Clinical negligence

5 May 2020

 

Before:

The Honourable Mr Justice Stewart

Between:

STU

(A child proceeding by his mother and litigation friend XYZ)

-v-

Hywel DDA University Health Board

 


BEFORE the honourable Mr Justice Stewart, sitting as a Judge of the High Court, Queen’s Bench Division

Sitting at the Royal Courts of Justice on 5 May 2020

AND UPON hearing Leading Counsel for the Claimant, Philip Havers QC, and Leading Counsel for the Defendant, Michael Horne QC

AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application.

WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 and s.39 of the Children and Young Persons Act 1933

  1. That the identity of the Claimant and the litigation friend be not disclosed.
  2. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “STU”. Likewise, the Litigation Friend shall be referred to as “XYZ”.
  3. That the Claimant and the litigation friend 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 “STU” and “XYZ” respectively.
  4. That 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.
  5. So far as the Claim Form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimant’s solicitors have 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 original; and the originals are then to be retained by the court in a sealed envelope marked : “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
  6. A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Claimant or the Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non- anonymised version) must be made on notice to the Claimant and in accordance with CPR r. 5.4C (6) and the Court will affect 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 Claimant or litigation friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
  8. Provided that the parties, any statutory successor to the Defendant, and/or their advisors and/or any Deputy appointed for the Claimant do not publish any documents containing references to those mentioned in paragraph 2 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraph 1 shall not apply in those respects.
  9. The provisions of this Order shall not apply:
    1. to communications between the Court Funds Office and the anonymised party, his Deputy 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;
    2. to communications between the Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
    3. to records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.

10. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

11. 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 STU and his litigation friend as XYZ.

12. Costs in case

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