TES -v- North Lincolnshire and Goole NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2021-002251

In the High Court of Justice
King’s Bench Division

Clinical Negligence

3 November 2023

Before:

Hugh Southey KC (Sitting as a Deputy Judge of the High Court)

Between:

TES (as executrix of the estate of LRT (deceased), on behalf of all dependants of the deceased, and as Litigation Friend for TRS)

-v-

North Lincolnshire and Goole NHS Foundation Trust

Order

BEFORE Hugh Southey KC (Sitting as a Deputy Judge of the High Court) on 3 November 2023
UPON hearing Counsel for both parties
AND UPON the Claimant and Litigation Friend’s (“the Claimant”) application:
(1) Consideration of the Article 8 rights of the Deceased’s Dependant TRS (“the Dependant”) to respect for privacy and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant, the Deceased, and the Dependant is necessary to secure the proper administration of justice and in order to protect the interests of the Dependant 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).
WHEREAS for the purposes of this order:
(1) “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.
(2) 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.

IT IS ORDERED THAT:

  1. The identities of the Claimant as a party to these proceedings, and the Deceased and the Dependant is confidential and shall not be published.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 Deceased, the Dependant, 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 the Claimant or the Dependant in these proceedings. The Dependant and the Claimant shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Deceased shall be referred to as “LRT”.
    (ii) The Deceased’s Dependant shall be referred to as “TRS”
    (iii) The Claimant and litigation friend shall be referred to as “TES”.
    (iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses), the Deceased’ or the Dependant 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. Provided that the parties and/or their advisors and/or any Trustee appointed for the Claimant and/or NHS Resolution do not publish any documents containing references to those mentioned in paragraph 1 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 this clinical negligence claim and paragraph 1 shall not apply in those respects.
  6. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 24 November 2023 and re-filed in the event that any
    statement of case is amended, within 21 days of such amendment being approved.
  7. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 3 November 2023 and any application by a non-party to inspect of obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge his Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  9. Pursuant to the “Practice Guidance: Publication of Privacy & Anonymity Orders” issued by the Master of the Rolls dated 16 April 2019 a copy of this Order 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.
  10. The costs of obtaining this order be costs in the case.